UC-NRLF 


GIFT  OF 


THB 

REVISED  ORDINANCES 


OF 


SALT  LAKE  CITY,  UTAH 


EMBRACING 


ALL  ORDINANCES  OF  A  GENERAL  NATURE  IN 
FORCE  DECEMBER  20,  1892, 


TOGETHER    WITH    THE 


CHARTER  OF  SALT  LAKE  CITY, 

THE  AMENDMENTS  THERETO,  AND  TERRITORIAL  LAWS 

OF  A  GENERAL  NATURE  APPLICABLE  TO 

SALT  LAKE  CITY,  AND  THE 

CONSTITUTION  OF  THE  UNITED  STATES, 


COMPILE)?    ANt)  JARK\X'.KI)  TV 

JOSEPH  LIPPM AN.' 


PUBLISHED  BY  AUTHORITY  OF  THE 
CITY  COUNCIL  OF  SALT  LAKE  CITY,  UTAH. 


SALT  LAKE  CITY: 
TRIBUNE  JOB  PRINTING  COMPANY. 

1893. 


PREFACE. 


Since  the  publication  of  the  Ketised  Ordinances  of  1888, 
the  quantity  of  municipal  law  of  Salt  Lake  City  has  been  almost 
doubled.  To  gather  this  mass  of  material  together,  arrange  it 
systematically  and  make  it  harmonize,  has  been  no  small  task. 
Although  the  work  has  been  somewhat  delayed,  it  has  been 
done  with  thoroughness  and  care.  The  City  Council  in  open 
session  patiently  considered  every  ordinance  presented  in  this 
volume,  and  amendments  to  the  compilation  were  only  adopted 
after  mature  deliberation.  While  I  fully  recognize  that  abso- 
lute perfection  in  this  class  of  work  is  seldom,  if  ever,  attained, 
yet  I  feel  confident  that  this  publication  of  the  Charter,  the 
amendments  thereto,  the  General  Laws  of  the  Territory  appli- 
cable to  Salt  Lake  City,  and  the  Ordinances  as  herewith  pre- 
sented, will  stand  the  test  of  a  critical  examination  so  far  as 
their  accuracy  is  concerned. 

It  has  been  necessary  in  making  this  compilation  to  reviev.7 
all  the  ordinances  ever  passed  by  the  city.  It  has  also  been 
necessary  to  revise,  correct  and  repeal  many  conflicting  or  obso- 
lete provisions  and  for  such  purpose  prepare  new  ordinances  for 
the  consideration  of  the  Mayor  and  Council. 

For  the  purpose  of  convenient  reference  only,  I  have  num- 
bered the  sections  of  the  charter,  the  amendments  thereto  and 
the  Territorial  laws  of  a  general  nature  applicable  to  Salt  Lake 
City,  from  §  1  to  §  314,  retaining  in  parentheses  in  every  instance 
the  number  of  the  section  as  it  appears  in  the  original  law  as 
passed  by  the  legislature.  Such  sections  of  the  "Act  Providing 
for  the  Incorporation  of  Cities,"  approved  March  8,  1888,  (and 
found  on  pages  70  to  98  of  this  volume),  as  do  not  apply  to  Salt 
Lake  City,  I  have  omitted. 

It  has  been  my  object  to  make  the  book  a  self-indexed  vol^ 


258249 


IV  PREFACE. 

ume,  and  to  this  end  I  have  arranged  it  alphabetically  according 
to  subjects,  beginning  Chapter  II  with  "Appointments"  and  clos- 
ing Chapter  LVI  with  "  Weigh  masters  and  Weighing."  Wher- 
ever it  was  possible  to  arrange  the  subject  matter  in  a  particular 
chapter  alphabetically,  I  have  done  so.  The  dates  at  the  close 
of  each  section  indicate  the  time  of  the  passage  of  the  ordinance 
and  the  amendments  thereto.  '  Where  no  dates  are  given  the 
ordinance  is  either  a  new  one  or  one  that  has  been  so  freely 
amended  as  to  make  reference  to  the  old  ordinance  unnecessary. 

With  the  exception  of  special  assessment  ordinances,  all 
ordinances  of  a  general  nature,  including  all  franchises  and 
grants  of  a  public  character,  have  been  published. 

One  ordinance  which  was  approved  after  the  printing  of 
the  chapter  to  which  it  belongs,  will  be  found  in  the  Appendix. 

The  preparation  of  the  indices  to  the  Charter  and  the  Or- 
dinances, as  well  as  the  proof-reading  of  the  entire  work,  has 
been  in  the  hands  of  Mr.  Serge  M.  Stenhouse.  How  well  he 
has  done  his  work  those  who  will  hereafter  have  frequent  occa- 
sion to  refer  to  the  book  can  best  judge. 

To  the  Committee  on  Revision,  Messrs.  H.  F.  Evans,  A.  L. 
Simondi  and  E.  E.  Rich,  special  recognition  is  due  for  their 
arduous  labors  in  hastening  the  work  of  printing  and  present- 
ing the  book  in  the  neat  typographical  form  in  which  it  appears. 

JOSEPH  LIPPMAN. 

SALT  LAKE  CITY,  UTAH,  March  1,  1893. 


TABLE  OF  CONTENTS. 


PAGE. 

Constitution  of  the  United  States  of  America 3 

Amendments  to  the  Constitution 18 

Salt  Lake  City  Charter  and  Amendments 25 

KEVISED  OBDINANCES. 

CHAPTER.  PAGE. 

I.     Ordinances 123 

II.     Appointments 125 

III.  Attorney 130 

IV.  Auditor  of  Public  Accounts  132 

V.     Board  of  Health 133 

VI.     Board  of  Public  Works 138 

VII.     Bonds  Issued  for  Corporate  Purposes 146 

VIII.     Bonds  of  City  Officers 157 

IX.     Buildings 161 

X.     City  Council  Meetings 179 

XL     City  Creek  Canon 180 

XII.     Dogs 181 

XIII.     Elections 183 

XIV.     Engineer 191 

XV.     Estray  Pound 197 

XVI.     Explosives 201 

XVII.     Fire  Department 206 

XVIII.     Food  and  Drink  (Unwholesome) 215 

XIX.     Garbage 219 

XX.     Gas  Ordinances — Gas,  Natural  Gas  and  Elec- 
tric Lights 225 

XXI.     Irrigation 238 

XXII.      Licenses.. 


VII 


TABLK  or  CONTEXTS. 


CHAPTER.  PAGE. 

XXIII.  Local  Assessments 273 

XXIV.  Marshal 277 

XXV.  Mayor 278 

XXVI.  Misdemeanors 279 

XXVII.  Nuisances 296 

XXVIII.  Park  Commissioners 302 

XXIX.  Police 304 

XXX.  Poll  Tax   307 

XXXI.  Prisoners  and  City  Prison 310 

XXXII.  Procedure ...-•••-• 812 

XXXIII.  Provision  Inspector 313 

XXXIV.  Public  Lands 314 

XXXV.  Kailroads 321 

XXXVI.  Recorder 360 

XXXVII.  Reports 361 

XXXVIII.  Salaries.... 362 

XXXIX.  Seal  of  Salt  Lake  City 365 

XL.  Sealer  of  Weights  and  Measures 366 

XLI.  Sewers 368 

XLII.  Sexton 387 

XLIII.  Sidewalks • 391 

XLIV.  Slaughter  Houses  406 

XLV.  Sprinkling    . . . , 407 

XLVI.  Streets 411 

XL VII.  Street  Railways 434 

XLVIII.  Sundry  Expense  Fund 475 

XLIX.  Taxation 1 ..  476 

L.  Telegraph,  Telephone  and  Electric  Wires  and 

Poles 477 

LI.  Treasurer 482 

LIT.  Vacancies 483 

LILT.  Vehicles 484 

LIV.  Wards 491 

LV.  Waterworks 494 

LVI.  Weighmasters  and  Weighing 507 


CONSTITUTION 


OF    THE 


UNITED    STATES. 


CONSTITUTION 

OF   THE 

UNITED  STATES  OF  AMERICA. 


PEEAMBLE. 

We,  the  people  of  the  United  States,  in  order  to  form  a 
more  perfect  union,  establish  justice,  insure  domestic  tranquil- 
ity,  provide  for  the  common  defense,  promote  the  general 
welfare,  and  secure  the  blessings  of  liberty  to  ourselves  and 
our  posterity,  do  ordain  and  establish  this  Constitution  for  the 
United  States  of  America. 

AETICLE  I. 

SECTION   I. 

1.  [Legislative  Power.] — All  legislative  powers  here- 
in granted  shall  be  vested  in  a  Congress  of  the  United  States, 
which  shall  consist  of  a  Senate  and  House  of  Representatives. 

SECTION   II. 

1.  [House  of  Representatives.  ] — The  House  of  Rep- 
resentatives shall  be  composed  of  members  chosen  every  second 
year,  by  the  people  of  the  several  States;  and  the  electors  in 
eaeh  State  shall  have  the  qualifications  requisite  for  electors  of 
the  most  numerous  branch  of  the  State  legislature. 

2.  [Representatives— Qualifications.] — No  person 
shall  be  a  representative  who  shall  not  have  attained  the  age  of 
twenty-five  years,  and  been  seven  years  a  citizen  of  the  United 
States,  and  who  shall  not,  when  elected,  be  an  inhabitant  of 
that  State  in  which  he  shall  be  chosen. 


CONSTITUTION   OF   THE   UNITED   STATES. 


3.  [  Apportionment.  ] — Representatives  and  direct  taxes 
shall  be  apportioned  among  the  several  States  which  may  be 
included  within  this  Union,  according  to  their  respective  num- 
bers, which  shall  be  determined  by  adding  to  the  whole  num- 
ber of  free  persons,  including  those  bound  to  service  for  a  term 
of  years,  and  excluding  Indians  not  taxed,  three-fifths  of  all  other 
persons.     The  actual  enumeration  shall  be  made  within  three 
years  after  the  first  meeting  of  the  Congress  of   the  United 
States,  and  within  every  subsequent  term  of  ten  years,  in  such 
manner  as  they  shall  by  law  direct.     The  number  of  represen- 
tatives shall  not  exceed  one  for  every  thirty  thousand;  but  each 
State  shall  have  at  least  one  representative;  and  until  such  enu- 
meration shall  be  made,  the  State  of  New  Hampshire  shall  be 
entitled  to  choose  three;   Massachusetts,  eight;   Rhode  Island 
and  Providence  Plantations,  one;  Connecticut,  five;  New  York, 
six;   New   Jersey,    four;    Pennsylvania,  eight;    Delaware,  on^e; 
Maryland,  six;  Virginia,  ten;  North  Carolina,  five;  South  Caro- 
lina, five,  and  Georgia,  three.  . 

4.  [Vacancies.] — When  vacancies  happen  in  the  repre- 
sentation from  any  State,  the  executive  authority  thereof  shall 
issue  writs  of  election  to  fill  such  vacancies. 

5.  [Speaker— Power     of    Impeachment.]  —  The 
House  of  Representatives  shall  choose  their  speaker  and  other 
officers,  and  shall  have  the  sole  power  of  impeachment. 

SECTION   III. 

1.  [Senate.]— The  Senate  of  the  United  States  shall  be 
composed  of  two  senators  from  each  State;  chosen  by  the  legis- 
lature thereof  for  six  years;  and  each  senator  shall  have  one 
vote. 

2.  [Senators   Classed — Vacancies.] — Immediately 
after  they  shall  be  assembled,  in  consequence  of  the  first  elec- 
tion, they  shall  be  divided,  as  equally  as  may  be,  into  three 
classes.     The  seats  of  the  senators  of  the  first  class,  shall  be 
vacated  at  the  expiration  of  the  second  year,  of  the  second  class 
at  the  expiration  of  the  fourth  year,  and  of  the  third  class  at  the 
expiration  of  the  sixth  year,  so  that  one  third  may  be  chosen 
every  second  year;  and  if  vacancies  happen  by  resignation  or 
otherwise,  during  the  recess  of  the  legislature  of  any  State,  the 


CONSTITUTION   OF   THE   UNITED   STATES*. 


executive  thereof  may  make  temporary  appointments  until  the 
next  meeting  of  the  legislattire,  which  shall  then  fill  such  va- 
cancies. 

3.  [Senators— Qualifications.]— No  person  shall  be 
a  senator  who  shall  not  have  attained  to  the  age  of  thirty  years, 
and  been  nine  years  a  citizen  of  the  United  States,  and  who 
shall  not,  when  elected,  be  an  inhabitant  of  that  State  for  which 
he  shall  be  chosen. 

4.  [  President  «f  Senate.— The  Vice-President  of  the 
United  States  shall  be  president  of  the  Senate;  but  shall  have  no 
vote  unless  they  be  equally  divided. 

5.  [  Officers.  ] — The  Senate  shall  choose  their  other  officers, 
and  also  a  president,  pro  tempore,  in  the  absence  of  the  Vice- 
President,  or  when  he  shall  exercise  the  office  of  President  of  the 
United  States. 

6.  [Court  of  Impeachment.] — The  Senate  shall  have 
the  sole  power  to  try  all  impeachments.     When  sitting  for  that 
purpose,  they  shall  be  on  oath  or  affirmation.     When  the  Presi- 
dent of  the  United  States  is  tried,  the  chief  justice  shall  preside; 
and  no  person  shall  be  convicted  without  the  concurrence  of  two- 
thirds  of  the  members  present. 

7.  [Extent  of  Judgment  in   Case  of  Impeach- 
ment.]— Judgment  in  cases  of  impeachment,  shall  not  extend 
further  than  to  removal  from  office,  and  disqualification  to  hold 
and  enjoy  any  office  of  honor,  trust  or  profit,  under  the  United 
States;  but  the  party  convicted  shall,  nevertheless,  be  liable  and 
subject  to  indictment,  trial,  judgment  and  punishment,  according 
to  law. 

SECTION   IV. 

1.  [Elections,  How  Regulated.]-  The  times,  places 
and  manner  of  holding  elections  for  senators  and  representa- 
tives,  shall   be   prescribed  in    each    State,   by  the  legislature 
thereof,   but   the   Congress   may,  at  any  time,  by  law,  make  or 
alter  such  regulations,  except  as  to  the  places  of  choosing  sen- 
ators. 

2.  [Meetings  of  Congress.]— The  Congress  shall  as- 
semble at  least  once  in  every  year,  and  such  meeting  shall  be 


6  CONSTITUTION   OF   THE   UNITED   STATES. 

on  the  first  Monday  in  December,  unless  they  shall  by  law  ap- 
point a  different  day. 

SECTION  v. 

1.  [To  Judge  of  the  Election  of  Its  Members 

— Quorum.] — Each  house  shall  be  the  judge  of  the  elec- 
tions, returns  and  qualifications  of  its  own  members,  and  a 
majority  of  each  shall  constitute  a  quorum  to  do  business;  but 
a  smaller  number  may  adjourn  from  day  to  day,  and  may  be 
authorized  to  compel  the  attendance  of  absent  members,  in  such 
manner,  and  under  such  penalties  as  each  house  may  provide. 

2.  [Rules.] — Each  house   may  determine  the  rules  of  its 
proceedings,  punish  its  members  for  disorderly  behavior,  and, 
with  the  concurrence  of  two-thirds,  expel  a  member. 

3.  [Journals.] — Each  house  shall  keep  a  journal  of  its 
proceedings,  and  from  time  to  time  publish  the  same,  excepting 
such  parts  as  may,  in  their  judgment,  require  secrecy;  and  the 
yeas  and  nays  of  the  members  of  either  house,  on  any  question, 
shall,  at  the  desire  of  one-fifth  of  those  present,  be  entered  on 
the  journal. 

4.  [Adjournment.] — Neither  house,  during  the  session 
of  Congress,  shall,  without  the  consent  of  the  other,  adjourn  for 
more  than  three  days,  nor  to  any  other  place  than  .that  in  which 
the  two  houses  shall  be  sitting. 

SECTION   VI. 

1.  [Compensation — Privilege.] — The    senators  and 
representatives  shall  receive  a  compensation  for  their  services, 
to  be  ascertained  by  law,  and  paid  out  of  the  treasury  of  the 
United  States.     They  shall,  in  all  cases,  except  treason,  felony 
and  breach  of  the  peace,  be  privileged  from  arrest,  during  their 
attendance  at  the  session  of  their  respective  houses,  and  in  going 
to  or  returning  from  the  same;  and,  for  any  speech  or  debate  in 
either  house,  they  shall  not  be  questioned  in  any  other  place. 

2.  [Holding   Other    Office.] — No    senator    or  repre- 
sentative shall,  during  the  time  for  which  he  was  elected,  be  ap- 
pointed to  any  civil  oflice,   under  the  authority  of  the  United 
States,  which  shall  have  been  created,  or  the  emoluments  where- 


CONSTITUTION   OF   THE   UNITED   STATES. 


of  shall  have  been  increased  during  such  time;  and  no  person 
holding  any  office  under  the  United  States  shall  be  a  member  of 
either  house,  during  his  continuance  in  office. 

SECTION  VII. 

1.  [Revenue  Bills.] — All  bills  for  raising  revenue  shall 
originate  in  the  House  of  Representatives,  but  the  Senate  may 
propose  or  concur  with  amendments  as  on  other  bills. 

2.  [Power  and  Duty  of  President  in  Relation 
to  Bills.] — Every  bill  which  shall  have  passed  the  House  of 
Representatives  and  the  Senate  shall,  before  it  become  a  law,  be 
presented  to  the  President  of  the  United  States;  if  he  approve, 
he  shall  sign  it;  but  if  not,  he  shall  return  it,  with  his  objec- 
tions, to  that  house  in  which  it  shall  have  originated,  who  shall 
enter  the  objections,   at  large,  on  their  journal,  and  proceed  to 
reconsider  it.     If,  after  such  reconsideration,  two-thirds  of  that 
house  shall  agree  to  pass  the  hill,  it  shall  be  sent,  together  with 
the  objections,  to  the  other  house,  by  which  it  shall  likewise  be 
reconsidered,  and  if  approved  by  two-thirds  of  that  house,  it 
shall   become  a  law.      But  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays;  and  the  names  of 
the  persons  voting  for  and  against  the  bill,  shall  be  entered  on 
the  journal  of  each  house  respectively.     If  any  bill  shall  not  be 
returned  by  the  President  within  ten  days  (Sundays  excepted) 
after  it  shall  have  been  presented  to  him,  the  same  shall  be  a 
law,  in  like  manner  as  if  he  had  signed  it,  unless  the  Congress, 
by  their  adjournment,  prevents  its  return ;  in  which  case  it  shall 
not  be  a  law. 

3.  |  Same — Joint  Resolutions.] — Every  order,  reso- 
lution  or   vote,   to   which   the  concurrence  of  the  Senate  and 
House  of  Representatives  may  be  necessary  (except  on  a  ques- 
tion of  adjournment),  shall  be  presented  to  the  President  of  the 
United  States;  and   before  the  same  shall  take  effect,  shall  be 
approved   by   him,   or  being  disapproved  by  him,  shall  be  re- 
passed  by  two-thirds  of  the  Senate  and  House  of  Representatives, 
according  to  the  rules  and  limitations  prescribed  in  the  case  o£ 
a  bill. 


CONSTITUTION   OF   THE   UNITED   STATES. 


SECTION  VIII. 

[General  Powers.]  —  The  Congress  shall  have  power: 

1.  [Taxes.]  —  To  lay  and  collect  taxes,  duties,  imposts  and 
excises;  to  pay  the  debts,  and  to  provide  for  the  common  defense 
and  general  welfare  of  the  United  States;  but  all  duties,  imposts 
and  excises  shall  be  uniform  throughout  the  United  States. 

2.  [Leans.]  —  To   borrow   money   on   the   credit  of    the 
United  States. 

3.  [Commerce.]  —  To   regulate   commerce  with  foreign 
nations  and  among  the  several  States,  and  with  the   Indian 
tribes. 

4.  [Naturalization  —  Bankruptcy.  —  To  establish  an 
uniform  rule  of  naturalization,  and  uniform  laws  on  the  subject 
of  bankruptcies  throughout  the  United  States. 

5.  [Money  —  Weights.]  —  To   coin   money,  regulate  the 
value   thereof   and   of  foreign   coin,  and   fix   the    standard  of 
weights  and  measures. 

6.  [Counterfeiting.]—  To  provide  for  the  punishment 
•of  counterfeiting  the  securities  and  current  coin  of  the  United 
States. 

7.  [P*stoflices.]  —  To     establish     postoffiees     and    post 
roads. 

8.  [Patents.]  —  To  promote  the  progress  of  science  and 
useful  arts,  by  securing,  for  limited  times,  to  authors  and  in- 
ventors, the  exclusive  right  to  their  respective  writings  and  dis- 
coveries. 

9.  [Tribunals.]  —  To  constitute  tribunals  inferior  to  the 
Supreme  Court. 

10.  [Felonies  on  Sea.]  —  To  define  and  punish  piracies 
and  felonies  committed  on  the  high  seas,  and  offenses  against 
the  law  of  nations. 

11.  [War.]  —  To  declare  war,  grant  letters  of  marque  and 
reprisal,  and  make  rules  concerning  captures  on  land  and  water. 

12.  [Armies.]  —  To  raise  and  support  armies  ;  but  no  ap- 
propriation of  money  to  that  use  shall  be  for  a  longer  term  than 
two  years. 

13.  [Navy.]  —  To  provide  and  maintain  a  navy. 


CONSTITUTION   OF   THE   UNITED   STATES.  9 

14.  [Land  and  Naval  Forces.]— To  make  rules  for 
the  government  and  regulation  of  the  land  and  naval  forces. 

15.  [Alilitia.] — To  provide  for  calling  forth  the  militia 
to  execute  the  laws  of  the  Union,  suppress  insurrections  and  re- 
pel invasions. 

16.  [Same.] — To  provide  for  organizing,  arming  and. dis- 
•ciplining  the  militia,  and  for  governing  such  part  of  them  as 
may  be  employed  in  the  service  of  the  United  States,  reserving 
to  the  States  respectively  the  appointment  of  the  officers,  and 
the  authority  of  training  the  militia  according  to  the  discipline 
prescribed  by  Congress. 

17.  [Legislation — Seat  of  Government,  etc.]— 
To  exercise  exclusive  legislation  in  all  cases  whatsoever,  over 
.such  district  (not  exceeding  ten  miles  square),  as  may,  by  ces- 
sion of  particular  States,  and  the  acceptance  of  Congress,  be- 
come the  seat  of  the  Government  of  the  United  States,  and  to 
exercise  like  authority  over  all  places,  purchased,  by  the  con- 
sent of  the  legislature  of  the  State  in  which  the  same  shall  be, 
for  the  erection  of  forts,  magazines,  arsenals,  dock-yards  and 
other  needful  buildings  :  and, 

18.  [Laws  Necessary  for  Execution  of  Powers.] 
—To  make  all  laws  which  shall   be  nesessary  and  proper  for 
carrying  into  execution  the  foregoing  powers,  and   all  other 
powers  vested  by  this  Constitution  in  the  Government  of  the 
United  States,  or  in  any  department  or  officer  thereof. 

SECTION   IX. 

1.  [Importation  of  Certain  Persons.] — The  migra- 
tion or  importation  of  such  persons  as  any  of  the  States  now 
existing  shall  think  proper  to  admit  shall  not  be  prohibited  by 
the  Congress  prior  to  the  year  one  thousand  eight  hundred  and 
eight,  but  a  tax  or  duty  may  be  imposed  on  such  importation, 
not  exceeding  ten  dollars  for  each  person. 

2.  [Habeas   Corpus,  j — The  privilege  of    the  writ  of 
habeas  corpus  shall  not  be  suspended,  unless  when,  in  cases  of 
rebellion  or  invasion,  the  public  safety  may  require  it. 

3.  [Attainder — Ex  post-facto  Laws.] — No  bill  of 
attainder  or  ex  post-facto  law  shall  be  passed. 


10  CONSTITUTION   OF   THE   UNITED   STATES. 

4.  [Direct  Taxes.] — No  capitation  or  other  direct  tax 
shall  be  laid,  unless  in  proportion  to  the  census  or  enumeration 
hereinbefore  directed  to  be  taken. 

5.  [Taxes  on  Exports — Inter-State  Commerce.] 

—No  tax  or  duty  shall  be  laid  on  articles  exported  from  any 
State.  No  preference  shall  be  given  by  any  regulation  of  com- 
merce or  revenue  to  the  ports  of  one  State  over  those  of  another; 
nor  shall  vessels  bound  to  or  from  one  State  be  obliged  to  enter, 
clear  or  pay  duties  in  another. 

6.  [  Expenditures.  ] — No  money  shall  be  drawn  from  the 
treasury,  but  in  consequence  of  appropriations  made  by  law  ;. 
and  a  regular  statement  and  account  of  the  receipts  and  expend- 
itures of  all  public  money  shall  be  published  from  time  to  time. 

7.  [Titles— Gifts  to  U.  S.  Officers.] -No  title  of  no- 
bility shall   be  granted  by  the  United  States,  and  no  person 
holding  any  office  of  profit  or  trust  under  them,  shall,  without 
the  consent  of  the  Congress,  accept  any  present,  emolument, 
office  or  title,  of  any  kind  whatever,  from  any  king,  prince  or 
foreign  state. 

SECTION  x. 

1.  [Powers  Prohibited  to  the  States.] — No  State 
shall  enter  into  any  treaty,  alliance  or  confederation,  grant  let- 
ters of  marque  and  reprisal;  coin  money;  emit  bills  of  credit; 
make  anything  but  gold  and  silver  coin  a  tender  in  payment  of 
debts;  pass  any  bill  of  attainder,  ex  post-f(icto  law  or  law  im- 
pairing the  obligation  of  contracts,  or  grant  any   title   of  no- 
bility. 

2.  [Powers  of  the  States  Under  the  Sanction  of 
Congress.] — No  State  shall,  without  the  consent  of  the  Con- 
gress, lay  any  imposts  or  duties  on  imports  or  exports,  except 
what  may  be  absolutely  necessary  for  executing  its  inspection 
laws;  and  the  net  produce  of  all  duties  and  imposts,  laid  by  any 
State  on  imports   or  exports,  shall  be  for  the  use  of  the  trea- 
sury of  the  United  States,  and  all  such  laws  shall  be  subject  to 
the  revision  and  control  of  the  Congress.     No  State  shall,  with- 
out the  consent  of  Congress,  lay  any  duty  of  tonnage,  keep 
troops  or  ships  of  war  in  time  of  peace,  enter  into  any  agree- 
ment or  compact  with  another  State,  or  with  a  foreign  power,  or 


CONSTITUTION   OF   THE   UNITED   STATES.  11 

engage  in  war,  unless  actually  invaded,  or  in  such  imminent 
danger  as  will  not  admit  of  delay. 

ARTICLE  II. 

SECTION   I. 

1.  [Executive  Power.] — The  executive  power  shall  be 
vested  in  a  President  of  the  United  States  of  America.     He 
shall  hold  his  office  during  a  term  of  four  years,  and  together 
with  the  Vice-President,  chosen  for  the  same  term,  be  elected 
as  follows: 

2.  [Presidential  Electors.] — Each   State  shall  ap- 
point, in  such  manner  as  the  legislature  thereof  may  direct,  a 
number  of  electors,  «qual  to  the  whole  number  of  senators  and 
representatives  to  which  the  State  may  be  entitled  in  the  Con- 
gress, but  no  senator  or  representative,  or  person  holding  an 
office  of  trust  or  profit  under  the  United  States,  shall  be  ap- 
pointed an  elector. 

3.  [Sleeting — Proceedings.] — The  electors  shall  meet 
in  their  respective  States,  and  vote  by  ballot  for  two  persons,  of 
whom  one  at  least  shall  not  be  an  inhabitant  of  the  same  State 
with  themselves.     And  they  shall  make  a  list  of  all  the  persons 
voted  for,  and  of  the  number  of  votes  for  each ;  which  list  they 
shall  sign  and  certify,  and  transmit  sealed  to  the  seat  of  the  gov- 
ernment of  the  United  States,  directed  to  the  president  of  the 
Senate.     The  president  of  the  Senate  shall,  in  the  presence  of 
the  Senate  and  House  of  Representatives,  open  all  the  certifi- 
cates, and  the  votes  shall  then  be  counted.     The  person  having 
the   greatest   number   of  votes  shall  be  the  President,  if  such 
number  be  a  majority  of  the  whole  number  of  electors  appointed; 
and  if  there  be  more  than  one  who  have  such  majority,  and  have 
an  equal  number  of  votes,  then  the  House  of  Representatives 
shall  immediately  choose,  by  ballot,  one  of  them  for  President; 
and  if  no  person  have  a  majority,  then  from  the  five  highest  on 
the  list,  the  said  House  shall,  in  like  manner,  choose  the  Presi- 
dent.   But,  in  choosing  the  President,  the  vote  shall  be  taken  by 
States,  the  representation  from  each  State  having  one  vote ;  a 
quorum  for  this  purpose  shall  consist  of  a  member  or  members 
from  two-thirds  of  the  States,  and  a  majority  of  all  the  States 


12  CONSTITUTION   OF   THE   UNITED   STATES. 

•shall  be  necessary  to  a  choice.  In  every  case,  after  the  choice 
•of  the  President,  the  person  having  the  greatest  number  of 
votes  of  the  electors,  shall  be  the  Vice-President.  But  if  there 
should  remain  two  or  more  who  have  equal  votes,  the  Senate 
shall  choose  from  them,  by  ballot,  the  Vice-President.* 

4.  [Time    of   Choosing  Electors.] — The  Congress 
may  determine  the  time  of  chosing  the  electors,  and  the  day 
-on   which   they   shall  give  their  votes,  which  day  shall  be  the 
same  throughout  the  United  States. 

5.  [President — Qualifications.] — No  person  except 
a  natural  born  citizen,  or  a  citizen  of  the  United  States  at  the 
time  of  the  adoption  of  this  Constitution,  shall  be  eligible  to  the 
•office  of  President,  neither  shall  any  person  be  eligible  to  that 
office  who  shall  not  have  attained  to  the  age  of  thirty-five  years, 
•and  been  fourteen  years  a  resident  within  the  United  States. 

6.  [Vacancy — Acting  President.] — In  case  of  the 
removal  of  the  President  from  office,  or  of  his  death,  resignation 
•or  inability  to  discharge  the  powers  and  duties  of  the  said  office, 
the  same  shall  devolve  on  the  Vice-President,  and  the  ^Congress 
may,  by  law,  provide  for  the  ease  of  removal,  death,  resignation 
or  inability,  both  of  the  President  and  Vice-President,  declaring 
what  officer  shall  then  act  as  President,  and  such  officer  shall 
act  accordingly,  until  the  disability  be  removed,  or  a  President 
shall  be  elected. 

7.  |  Same — Compensation.]— The  President  shall,  at 
stated   times,   receive   for   his  services  a  compensation,  which 
shall  be  neither  increased  nor  diminished  during  the  period  for 
which  he  shall  have  been  elected,  and  he  shall  not  receive  with- 
in that  period  any  other  emolument  from  the  United  States,  or 
any  of  them. 

8.  [Oath.] — Before   he   enters   on   the   execution   of   his 
office,  he  shall  take  the  following  oath  or  affirmation: 

9.  [Same.] — "I  do  solemnly  swear  (or  affirm)  that  I  will 
faithfully  execute  the  office  of  President  of  the  United  States, 
and  will,  to  the  best  of  my  ability,  preserve,  protect  and  defend 
the  Constitution  of  the  United  States." 

*  Annulled;  see  Amendments,  Art.  12. 


CONSTITUTION   OF   THE   UNITED   STATES. 


SECTION    II. 

1.  [Powers  of  the  President.]—  The  President  shall 
be   commander-iii-chief   of   the  army  and  navy  of  the  United 
States,  and  of  the  militia  of  the  several  States  when  called  into 
the  actual  service  of  the  United  States.     He  may  require  the 
opinion  in  writing  of  the  principal  officer  in  each  of  the  execu- 
tive departments  upon  any  subject  relating  to  the   duties    of 
their  respective  offices;  and  he  shall  have  power  to  grant  re- 
prieves and  pardons  for  offenses  against  the  United  States,  ex- 
cept in  cases  of  impeachment. 

2.  [Same—  Official  Appointments.]—  He  shall  haver 
power,  by  and  with  the  advice  and  consent  of  the  Senate,  to- 
make  treaties,  provided  two-thirds  of  the  Senators  present  con- 
cur; and  he  shall  nominate,  and  by  and  with  the  advice  and  con- 
sent of  the  Senate,  shall  appoint  ambassadors,  other  public  min- 
isters and  consuls,  judges  of  the  Supreme  Court,  and  all  other 
officers  of  the  United  States,  whose  appointments  are  not  herein 
otherwise  provided  for,  and  which  shall  be  established  by  law. 
But  the  Congress  may,  by  law,  vest  the  appointment  of  such  in- 
ferior officers  as  they  think  proper  in  the  President  alone,  in  the 
courts  of  law,  or  in  the  heads  of  departments. 

3.  [President  May  Fill  Vacancies.]  —  The  President 
shall  have  power  to  fill  up  all  vacancies  that  may  happen  during, 
the  recess  of  the  Senate,  by  granting  commissions,  which  shall 
expire  at  the  end  of  their  next  session. 

SECTION   III. 

1.  [Duties  of  President.]  —  He  shall,  from  time  to 
time,  give  to  the  Congress  information  of  the  state  of  the  Union, 
and  recommend  to  their  consideration  such  measures  as 
he  shall  judge  necessary  and  expedient.  He  may,  on  extraordi- 
nary occasions,  convene  both  houses,  or  either  of  them,  and  in- 
case of  disagreement  between  them  with  respect  to  the  time  of 
adjournment,  he  may  adjourn  them  to  such  time  as  he  shall  think 
proper.  He  shall  receive  ambassadors  and  other  public  minis- 
ters. He  shall  take  care  that  the  laws  be  faithfully  executed;, 
and  shall  commission  all  the  officers  of  the  United  States. 


14  CONSTITUTION   OF   THE   UNITED   STATES. 

SECTION   IV. 

1.  [How  Officers  Removed  from  Office.]— The 
President,  Vice-President,  and  all  civil  officers  of  the  United 
States,  shall  be  removed  from  office  on  impeachment  for,  and 
conviction  of  treason,  bribery  or  other  high  crimes  and  misde- 
meanors. 

AKTICLE  III.  ' 

SECTION   I. 

1.  [Judicial  Power.]  — The  judicial  power  of  the 
United  States  shall  be  vested  in  one  Supreme  Court,  and  in 
such  inferior  courts  as  the  Congress  may ,  from  time  to  time, 
ordain  and  establish. 

The  judges,  both  of  the  supreme  court  and  inferior  courts, 
shall  hold  their  offices  during  good  behavior;  and  shall,  at 
stated  times,  receive  for  their  services  a  compensation,  which 
shall  not  be  diminished  during  their  continuance  in  office. 

SECTION  II. 

1.  |  Same — Extent.] — The  judicial  power  shall  extend 
to  all  cases  in  law  and  equity  arising  under  this  Constitution, 
the  laws  of  the  United  States,  and  treaties  made,  or  which  shall 
be  made,  under  their  authority;  to  all  cases  affecting  ambassa- 
dors, or  other  public  ministers  and  consuls ;  to  all  cases  of  ad- 
miralty and  maritime  jurisdiction;   to  controversies  to  which 
the  United  States  shall  be  a  party;  to  controversies  between 
two  or  more  States,  between  a  State  and  citizens  of  another 
State;  between  citizens  of  different  States;  between  citizens  of 
the  same  State,  claiming  lands  under  grants  of  different  States, 
and  between  a  State  or  the  citizens  thereof,  and  foreign  states, 
citizens  or  subjects. 

2.  [Supreme  Court — Jurisdiction.] — In   all  cases 
affecting  ambassadors,  other  public  ministers  and  consuls,  and 
those  in  which  a  State  shall  be  party,  the  Supreme  Court  shall 
have  original  jurisdiction.     In  all  the  other  cases,  before  men- 
tioned, the  Supreme  Court  shall  have  appellate  jurisdiction  both 
as  to  law  and  fact,  with  such  exceptions,  and  under  such  regula- 
tions as  the  Congress  shall  make. 


CONSTITUTION   OF   THE   UNITED   STATES.  15 

3.  [Trial  of  Crime.] — The  trial  of  all  crimes,  except  in 
cases  of  impeachment,  shall  be  by  jury;  and  such  trial  shall  be 
held  in  the  State  where  the  said  crimes  shall  have  been  commit- 
ted; but  when  not  committed  within  any  State,  the  trial  shall 
be  at  such  place  or  places  as  the  Congress  may  by  law  have 
directed. 

SECTION  ill. 

1.  [Treason.] — Treason  against  the  United  States  shall 
consist  only  in  levying  war  against  them,  or  in  adhering  to  their 
enemies ;  giving  them  aid  and  comfort.     No  person  shall  be 
convicted  of  treason,  unless  on  the  testimony  of  two  witnesses 
to  the  same  overt  act,  or  on  confession  in  open  court. 

2.  [Same— Punishment.]— The  Congress  shall  have 
power  to  declare  the  punishment  of  treason ;  but  no  attainder  of 
treason  shall  work  corruption  of  blood  or  forfeiture,  except  dur- 
ing the  life  of  the  person  attainted. 

ARTICLE  IV. 

SECTION  I. 

1.  [Faith  Given  Acts,  etc.,  of  States.]— Full  faith 
and  credit  shall  be  given  in  each  State  to  the  public  acts,  records, 
and  judicial  proceedings  of  every  other  State.  And  the  Congress 
may,  by  general  laws,  prescribe  the  manner  in  which  such  acts, 
records  and  proceedings  shall  be  proved,  and  the  effect  thereof. 

SECTION   II. 

1.  [Reciprocity  of  Citizenship.]  —  The  citizens  of 
each  State  shall  be  entitled  to  all  the  privileges  and  immunities 
of  citizens  in  the  several  States. 

2.  [Criminals  to  Be  Delivered  Up.] — A  person 
charged  in  any  State  with  treason,  felony,  or  other  crime,  who 
shall  flee  from  justice,  and  be  found  in  another  State,  shall,  on 
demand  of  the  executive  authority  of  the  State  from  which  he 
fled,  be  delivered  up,  to  be  removed  to  the  State  having  juris- 
diction of  the  crime. 

;>.  [Runaway  Slaves,  etc.] — No  person  held  to 
service  or  labor  in  one  State,  under  the  laws  thereof  escaping 


16  CONSTITUTION   OF    THE   UNITED   STATES. 

into  another,  shall,  in  consequence  of  any  law  or  regulation 
therein,  be  discharged  from  such  service  or  labor;  but  shall  be 
delivered  up  on  claim  of  the  party  to  whom  such  service  or 
labor  may  be  due. 

SECTION   III. 

1.  [Admission  of  New  States.] — New  States  may  be 
admitted  by  the  Congress  into  this  Union,  but  no  new  State 
shall  be  formed  or  erected  within  the  jurisdiction  of  any  other 
State,  nor  any  State  be  formed  by  the  junction  of  two  or  more 
States,  or   parts  of  States,  without  the   consent  of  the  legis- 
lature of  the  States  concerned,  as  well  as  of  the  Congress. 

2.  [Powers  of  Congress  Orer  Territories,  etc.]— 
The  Congress   shall  have  power  to   dispose  of,  and  make  all 
needful  rules  and  regulations  respecting  the  territory  or  other 
property  belonging  to  the  United  States;  and  nothing  in  this 
Constitution  shall  be  so  construed  as  to  prejudice  any  claim  of 
the  United  States,  or  of  any  particular  State. 

SECTION  IV. 

1.  [Guarantee  and  Protection  of  Each  State.] 

—The  United  States  shall  guarantee  to  every  State  in  this 
Union  a  republican  form  of  government,  and  shall  protect  each 
of  them  against  invasion;  and  on  application  of  the  legislature, 
or  of  the  executive  (when  the  legislature  cannot  be  convened),, 
against  domestic  violence. 

ARTICLE  V. 

1.  [Amendments,  How  Made.] — The  Cougress, when- 
ever two- thirds  of  both  houses  shall  deem  it  necessary,  shall 
propose  amendments  to  this  Constitution;  or  on  the  application 
of  the  legislatures  of  two-thirds  of  the  several  States,  shall  call 
a  convention  for  proposing  amendments,  which,  in  either  case, 
shall  be  valid  to  all  intents  and  purposes,  as  part  of  this  Consti- 
tution, when  ratified  by  the  legislatures  of  three-fourths  of  the 
several  States,  or  by  conventions  in  three-fourths  thereof,  as  the- 
one  or  the  other  mode  of  ratification  may  be  proposed  by  the 
Congress;  Provided,  That  no  amendment,  which  may  be  made 


CONSTITUTION   OF   THE   UNITED   STATES.  17 

prior  to  the  year  one  thousand  eight  hundred  and  eight,  shall 
in  any  manner  affect  the  first  and  fourth  clauses  in  the  ninth 
section  of  the  first  article;  and  that  no  State,  without  its  con- 
sent, shall  be  deprived  of  its  equal  suffrage  in  the  Senate. 

AKTICLE  VI. 

1.  [Debts   Assumed.  | — All  debts  contracted   and   en- 
gagements entered  into  before  the  adoption  of  this  Constitution, 
shall  be  as  valid  against  the  United  States,  under  this  Constitu- 
tion, as  under  the  Confederation. 

2.  [Supreme  Law  of  the  Land.]— This  Constitution 
and  the  laws  of  the  United  States  which  shall  be  made  in  pur- 
suance thereof  ;  and  all  treaties  made,  or  which  shall  be  made 
under  the  authority  of  the  United  States,  shall  be  the  supreme 
law  of  the  land,  and  the  Judges  in  every  State  shall  be  bound 
thereby;  anything  in  the  Constitution  or  laws  of  any  State  to 
the  contrary  notwithstanding. 

3.  [Officers  to  Support  This  Constitution — \o 
Religious  Test.] — The  Senators  and  Representatives  before 
mentioned,  and  the  members  of  the  several  State  legislatures, 
and  all  executive  and  judicial  officers,  both  of  the  United  States 
and  of  the  .several  States,  shall  be  bound,  by  oath  or  affirma- 
tion, to  support  this  Constitution;  but  po  religious  test  shall 
ever  be  required  as  a  qualification  to  any  office  or  public  trust 
under  the  United  States. 

ARTICLE  VII. 

[Ratification.] — The  ratification  of  the  conventions  of 
nine  States  shall  be  sufficient  for  the  establishment  of  the  Con- 
stitution between  the  States  so  ratifying  the  same. 

Done  in  Convention,  by  the  unanimous  consent  of  the  States  present,  the 
seventeenth  day  of  September,  in  the  year  of  our  Lord  one  thou- 
sand seven  hundred  and  eighty-seven,  and  of  the  Independence  of 
the  United  States  of  America  the  twelfth. 

In  witness  whereof,  we  have  hereunto  subscribed  our  names. 

ATTEST  :  GEORGE  WASHINGTON, 

WILLIAM  JACKSON,  President. 

Secretary. 


AMENDMENTS  TO  THE  CONSTITUTION. 


AET1CLE  I. 

[Religion— Free  Speech— Press —Right  of  Peti- 
tion.]— Congress  shall  make  no  law  respecting  the  establish- 
ment of  religion,  or  prohibiting  the  free  exercise  thereof  ;  or 
abridging  the  freedom  of  speech,  or  of  the  press ;  or  the  right  of 
the  people  peaceably  to  assemble,  and  to  petition  the  govern- 
ment for  a  redress  of  grievances. 

AETICLE  II. 

[People  May  Keep  Arms.] — A  well-regulated  militia 
being  necessary  to  the  security  of  a  free  state,  the  right  of  the 
people  to  keep  and  bear  arms  shall  not  be  infringed. 

AETICLE  III. 

[Quartering  of  Soldiers.]— No  soldier  shall,  in  time 
of  peace,  be  quartered  in  any  house  without  the  consent  of  the 
owner;  nor  in  time  of  war,  but  in  a  manner  to  be  prescribed  by 
law. 

AETICLE  IV. 

[Unreasonable   Searches    and    Seizures.] — The 

right  of  the  people  to  be  secure  in  their  persons,  houses,  papers 
and  effects,  against  unreasonable  searches  and  seizures,  shall  not 
be  violated ;  and  no  warrants  shall  issue  but  upon  probable 
cause,  supported  by  oath  or  affirmation,  and  particularly  describ- 
ing the  place  to  be  searched,  and  the  persons  or  things  to  be 
seized. 

AETICLE  V. 

[  Presentment  or  Indictment  in  Criminal  Cases 
—Rights  of  Private  Property.] — No  person  shall  be 
held  to  answer  for  a  capital,  or  otherwise  infamous  crime,  unless 
on  a  presentment  or  indictment  of  a  grand  jury,  except  in  cases 


AMENDMENTS   TO   THE   CONSTITUTION.  19 

arising  in  the  land  or  naval  forces,  or  in  the  militia,  when  in 
actual  service,  in  time  of  war  or  public  danger  ;  nor  shall  any 
person  be  subject,  for  the  same  offense,  to  be  twice  put  in  jeop- 
ardy of  life  or  limb;  nor  shall  be  compelled,  in  any  criminal 
case,  to  be  a  witness  against  himself,  nor  be  deprived  of  life, 
liberty  or  property  without  due  process  of  law;  nor  shall  pri- 
vate property  be  taken  for  public  use  without  just  compensation. 

AKTICLE  VI. 

[Rights  of  Accused.] — In  all  criminal  prosecutions 
the  accused  shall  enjoy  the  right  to  a  speedy  and  public  trial, 
by  an  impartial  jury  of  the  State  and  district  wherein  the  crime 
shall  have  been  committed,  which  district  shall  have  been  pre- 
viously ascertained  by  law,  and  to  be  informed  of  the  nature 
and  cause  of  the  accusation;  to  be  confronted  with  the  witnesses 
against  him;  to  have  compulsory  process  for  obtaining  wit- 
nesses in  his  favor,  and  to  have  the  assistance  of  counsel  for  his 
defense. 

ARTICLE  VII. 

[Right  of  Trial  hy  Jury.]—  In  suits  at  common  law, 
where  the  value  in  controversy  shall  exceed  twenty  dollars,  the 
right  of  trial  by  jury  shall  be  preserved,  and  no  fact,  tried  by  a 
jury,  shall  be  otherwise  re-examined  in  any  court  of  the  United 
States  than  according  to  the  rules  of  the  common  law. 

ARTICLE  VIII. 

[Bail— Fines— Punishment.] — Excessive  bail  shall 
not  be  required,  nor  excessive  fines  imposed,  nor  cruel  and 
unusual  punishments  inflicted. 

ARTICLE  IX. 

[Reserved  Rights.] — The  enumeration,  in  the  Consti- 
tution, of  certain  rights,  shall  not  be  construed  to  deny  or  dis- 
parage others  retained  by  the  people. 

ARTICLE  X. 

[Reserved  Powers.] — The  powers  not  delegated  to  the 
United  States  by  the  Constitution,  nor  prohibited  by  it  to  the 
States,  are  reserved  to  the  States  respectively,  or  to  the  people. 


20  AMENDMENTS   TO   THE   CONSTITUTION. 

AKTICLE  XI. 

[Restriction  of  Judicial  Powers.]  The  judicial 
power  of  the  United  States  shall  not  be  construed  to  extend  to 
any  suit  in  law  or  equity,  commenced  or  prosecuted  against  one 
of  the  United  States,  by  citizens  of  another  State,  or  by  citizens 
or  subjects  of  any  foreign  state. 

AETICLE  XII. 

1.  [Election  of  President.] — The  electors  shall  meet 
in  their  respective  States  and  vote  by  ballot,  for  President  and 
Viee-President,  one  of  whom,  at  least,  shall  not  be  an  inhabitant 
of  the  same  State  with  themselves;  they  shall  name  in  their 
ballot  the  person  voted  for  as  President,  and  in  distinct  ballots 
the  person  voted  for  as  Yice-President,  and  they  shall  make 
distinct  lists  of  all  persons  voted  for  as  President,  and  of  all 
persons  voted  for  as  Vice-President,  and  of  the  number  of  votes 
for  each,  which  lists  they  shall  sign  and  certify,  and  transmit 
sealed  to  the  seat  of  the  government  of  the  United  States, 
directed  to  the  president  of  the  Senate  ;  the  president  of  the 
Senate  shall,  in  the  presence  of  the  Senate  and  House  of  Rep- 
resentatives, open  all  the  certificates,  and  the  votes  shall  then 
be  counted;  the  person  having  the  greatest  number  of  votes  for 
President,  shall  be  the  President,  if  such  number  be  a  majority 
of  the  whole  number  of  electors  appointed;  and  if  no  person 
have  such  majority,  then  from  the  persons  having  the  highest 
number,  not  exceeding  three,  on  the  list  of  those  voted  for  as 
President,  the  House  of  Representatives  shall  choose  immedi- 
ately, by  ballot,  the  President.  But,  in  choosing  the  President, 
the  votes  shall  be  taken  by  States,  the  representation  from  each 
State  having  one  vote  ;  a  quorum  for  this  purpose  shall  consist 
of  a  member  or  members  from  two-thirds  of  the  States,  and  a 
majority  of  all  the  States  shall  be  necessary  to  a  choice.  And  if 
the  House  of  Representatives  shall  not  choose  a  President, 
whenever  the  right  of  choice  shall  devolve  upon  them,  before 
the  fourth  day  of  March  next  following^then  the  Vice-President 
shall  act  as  President,  as  in  the  case  of  the  death  or  other  con- 
stitutional disability  of  the  President. 


AMENDMENTS   TO   THE   CONSTITUTION.  21 

2.  [Election  of  Vice-President.]— The  person  hav- 
ing the  greatest  number  of  votes  as  Viee-President  shall  be  the 
Vice-President,  if  such  number  be  a  majority  of  the  whole  num- 
ber of  electors  appointed  ;  and  if  no   person   have  a  majority, 
then  from  the  two  highest  numbers  on  the  list,  the  Senate  shall 
choose  the  Vice-President  ;  a  quorum,  for   the   purpose,  shall 
consist  of  two-thirds  of  the  whole    number  of  senators,  and  a 
majority  of  the  whole  number  shall  be  necessary  to  a  choice. 

3.  [Eligibility  of  Vice-President.] -But  no  person 
constitutionally  ineligible  to  the  office  of   President,  shall  be 
eligible  to  that  of  Vice-President  of  the  United  States. 

ARTICLE   XIII. 

1.  [Slavery  Abolished.]— Neither  slavery  nor  invol- 
untary servitude,  except  as  a  punishment  for  crime,  whereof  the 
party  shall   have  been  duly  convicted,  shall  exist  within  the 
United  States,  or  any  place  subject  to  their  jurisdiction. 

2.  [Same.] — Congress  shall  have   power  to  enforce  this 
article  by  appropriate  legislation. 

ARTICLE  XIV. 

SECTION  1.  [Citizenship  Defined — Rights  Guar- 
anteed.]— All  persons  born  or  naturalized  in  the  United 
States,  and  subject  to  the  jurisdiction  thereof,  are  citizens  of 
the  United  States,  and  of  the  State  wherein  they  reside.  No 
State  shall  make  or  enforce  any  law  which  shall  abridge  the 
privileges  or  immunities  of  citizens  of  the  United  States,  nor 
shall  any  State  deprive  any  person  of  life,  liberty,  or  property, 
without  due  process  of  law,  nor  deny  to  any  person  within  its 
jurisdiction  the  equal  protection  of  the  laws. 

SEC.  2.  [Apportionment  of  Representatives.]— 
Representatives  shall  be  apportioned  among  the  several  States 
according  to  their  respective  numbers,  counting  the  whole 
number  of  persons  in  each  State,  excluding  Indians  not  taxed. 
But  when  the  right  to  vote  at  any  election  for  the  choice  of 
electors  for  President  and  Vice-President  of  the  United  States, 
representatives  in  Congress,  the  executive  and  judicial  officers 
of  a  State,  or  the  members  of  the  legislature  thereof,  is  denied 


22  AMENDMENTS   TO   THE   CONSTITUTION. 

to  any  of  the  male  inhabitants  of  such  State,  being  twenty- 
one  years  of  age,  and  citizens  of  the  United  States,  or  in  any 
way  abridged,  except  for  participation  in  rebellion,  or  other 
crime,  the  basis  of  representation  therein  shall  be  reduced  in 
the  proportion  which  the  number  of  such  male  citizens  shall 
bear  to  the  whole  number  of  male  citizens  twenty-one  years  of 
age  in  such  State. 

SEC.  3.  [Political  Disabilities  of  Rebels.]— No  per- 
son shall  be  a  senator  or  representative  in  Congress,  or  elector 
of  President  and  Vice-President,  or  hold  any  office,  civil  or 
military,  under  the  United  States,  or  under  any  State,  who,  hav- 
ing previously  taken  an  oath,  as  a  member  of  Congress  or  as  an 
officer  of  the  United  States,  or  as  a  member  of  any  State  legis- 
lature, or  as  an  executive  or  judicial  officer  of  any  State,  to  sup- 
port the  Constitution  of  the  United  States,  shall  have  engaged 
in  insurrection  or  rebellion  against  the  same,  or  given  aid  or 
comfort  to  the  enemies  thereof.  But  Congress  may,  by  a  vote 
of  two-thirds  of  each  house,  remove  such  disability. 

SEC.  4  [Inviolability  of  Public  Debt.]— The  valid- 
ity of  the  public  debt  of  the  United  States,  authorized  by  law, 
including  debts  incurred  for  payment  of  pensions  and  bounties 
for  services  in  suppressing  insurrection  or  rebellion,  shall  not 
be  questioned.  But  neither  the  United  States  nor  any  State 
shall  assume  or  pay  any  debt  or  obligation  incurred  in  aid  of 
insurrection  or  rebellion  against  the  United  States,  or  any  claim 
for  the  loss  or  emancipation  of  any  slave  ;  but  all  such  debts, 
obligations  and  claims  shall  be  held  illegal  and  void. 

SEC.  5.  The  Congress  shall  have  power  to  enforce,  by  ap- 
propriate legislation,  the  provisions  of  this  article. 

ARTICLE  XV. 

SECTION  1. — [Elective  Franchise.] — The  right  of  cit- 
izens of  the  United  States  to  vote  shall  not  be  denied  or  abridged 
by  the  United  States  or  by  any  State  on  account  of  race,  color 
or  previous  condition  of  servitude. 

SEC.  2.  The  Congress  shall  have  power  to  enforce  this 
article  by  appropriate  legislation. 


SALT  LAKE  CITY  CHARTER 


AND 


AMENDMENTS 


SALT  LAKE  CITY  CHARTER 

AND    AMENDMENTS. 


AN  ACT  INCORPORATING  GREAT  SALT  LAKE  CITY. 

APPROVED  JANUARY  20,  1860. 


Boundaries— Name— Body  Corporate— Seal. 

§  1.  [SEC.  1.]  Be  it  enacted  by  the  6 'overnor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  all  that  dis- 
trict of  country  embraced  in  the  following  boundaries,  to-wit: 
Beginning  at  a  point  one  hundred  and  thirty-six  rods  north  of 
the  Hot  Spring,  thence  west  to  the  west  bank  of  the  Jordan 
River,  thence  up  the  west  bank  thereof  to  a  point  directly  west 
from  the  southwest  corner  of  the  five-acre  lots  according  to  the 
present  survey,  thence  east  along  the  south  line  of  said  lots  to 
the  southeast  corner  thereof,  thence  east  nine  hundred  rods, 
thence  north  to.  a  point  directly  east  of  the  beginning, 
thence  west  to  the  aforesaid  place  of  beginning,  shall  be  known 
and  designated  by  the  name  and  style  of  Great  Salt  Lake  City; 
and  the  inhabitants  thereof  are  hereby  constituted  a  body  cor- 
porate and  politic,  by  the  name  and  style  aforesaid,  with  per- 
petual succession;  and  shall  have  and  use  a  common  seal,  which 
they  may  change  and  alter  at  their  pleasure. 

Powers  of  the  City. 

§  2.  [SEC.  2.  J  The  inhabitants  of  said  city,  by  the  name 
and  style  aforesaid,  shall  have  power  to  sue  and  be  sued,  to  plead 
•and  be  impleaded,  defend  and  be  defended,  in  all  courts  of  law 
and  equity  and  in  all  actions  whatsoever  ;  to  purchase,  receive, 
hold,  sell,  lease,  convey  and  dispose  of  property,  real  and  per- 
sonal, for  the  benefit  of  said  city,  both  within  and  without  its 


26  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

corporate  boundaries;    to  improve  and  protect  such  property' 
and  do  all  other  things  in  relation  thereto  as  natural  persons. 

Five  municipal  Wards. 

§  3.  [SEC.  3.]  Said  city  shall  be  divided  into  five  muni- 
cipal wards,  whose  boundaries  shall  be  as  prescribed  by  the  city 
ordinance. 

City  Council — How  Composed. 

§  4.  [SEC.  4]  The  municipal  government  of  said  city  is 
hereby  vested  in  a  city  council,  to  be  composed  of  a  mayor, 
five  aldermen,  one  from  each  ward,  and  nine  councilors,  who 
shall  have  the  qualifications  of  electors  in  said  city,  and  shall  be 
chosen  by  the  qualified  voters  thereof,  and  shall  hold  their 
offices  for  two  years,  and  until  their  successors  are  elected  and 
qualified. 

Elections— Officers  Elected— Tie  Vote. 

§5.  [SEC.  5.]  An  election  shall  be  held  on  the  second 
Monday  of  February  next,  and  every  two  years  thereafter  on 
said  day,  at  which  there  shall  be  elected  one  mayor,  five  alder- 
men, nine  councilors,  one  marshal,  one  treasurer  and  one  re- 
corder; and  the  persons  respectively  receiving  the  highest  num- 
ber of  votes  cast  in  the  eity  for  said  offices  shall  be  declared 
elected.  When  two  or  more  candidates  for  an  elective  office 
shall  have  an  equal  number  of  votes  for  the  same  office,  the 
election  shall  be  determined  by  the  city  council. 

First  Election  in  Salt  Lake  City. 

§6.  [SEC.  6.]  Provides  for  manner  of  holding  first  elec- 
tion under  this  act. 

Subsequent  Elections. 

§  7.  [SEC.  7.]  The  manner  of  conducting  and  voting  at 
all  subsequent  elections  to  be  held  under  this  act,  and  contesting 
the  same,  the  keeping  of  the  poll  lists,  canvassing  the  votes,  and 
certifying  the  returns,  and  all  other  things  relating  thereto, 
shall  be  as  provided  by  city  ordinance. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  27 

Officers  Appointed. 

§  8.  [  SEC.  8.  ]  There  shall  be  appointed  an  assessor  and 
collector,  an  auditor  of  public  accounts,  a  supervisor  of  streets, 
a  surveyor,  an  attorney,  a  board  of  school  inspectors,  a  sealer 
of  weights  and  measures,  a  sexton  or  keeper  of  burial  grounds, 
a  chief  of  police,  inspectors,  measurers  and  weighers,  and 
such  other  officers  and  agents  as  the  city  council  may  from 
time  to  time  direct  and  appoint. 

Removals. 

§  9.  [SEC.  9.]  Every  person  elected  or  appointed  to  any 
office  under  the  provisions  of  this  act  may  be  removed  from 
such  office  by  a  vote  of  two-thirds  of  the  city  council;  and  no 
officer  shall  be  removed  except  for  cause,  nor  unless  furnished 
with  the  charges;  and  shall  have  an  opportunity  of  being  heard 
in  his  defense;  and  the  council  shall  have  power  to  compel 
the  attendance  of  witnesses  and  the  production  of  papers  when 
necessary  for  the  purpose  of  such  trial,  and  shall  proceed,  with- 
in ten  days,  to  hear  and  determine  upon  the  merits  of  the  case; 
and  if  such  officer  shall  neglect  to  appear  and  answer  to  such 
charges,  then  the  council  may  declare  the  office  vacant.  All 
officers  appointed  by  the  council  may  be  removed  at  any  time 
by  vote,  at  discretion  of  two-thirds  of  said  council;  and  any 
officer  may  be  suspended  until  the  disposition  of  charges  pre- 
ferred against  him. 

Vacancies,  How  Filled— Oath  of  Office. 

§  10.  [SEC.  10.]  Whenever  any  vacancy  shall  happen  by 
the  death,  resignation,  or  removal  of  any  officer,  such  vacancy 
may  be  filled  by  the  city  council;  and  every  person  elected  or 
appointed  to  an  elective,  judicial  or  administrative  office,  shall, 
before  he  enters  upon  the  duties  thereof,  take  and  subscribe  an 
oath  or  affirmation  that  he  will  support  the  Constitution  of  the 
United  States,  the  laws  of  this  Territory  and  the  ordinances  of 
this  city,  and  that  he  will  well  and  truly  perform  all  the  duties 
of  his  office  to  the  best  of  his  knowledge  and  ability ;  and  shall 
file  the  same,  duly  certified  by  the  officer  before  whom  it  was 
taken,  with  the  city  recorder. 


."28  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

Illegal  Toting. 

§11.  [SEC.  11.]  Any  person  or  persons  illegally  voting 
at  any  election  under  this  act,  shall  be  punishable  according  to 
law  regulating  general  elections. 

Oath  of  Mayor. 

§  12.  [SEC.  12.]  The  mayor  shall,  before  he  enters  upon 
the  duties  of  his  office,  in  addition  to  the  usual  oath,  swear  or 
.affirm  that  he  will  devote  so  much  of  his  time  to  the  duties  of 
his  office  as  an  efficient  and  faithful  discharge  thereof  may  re- 
quire; and  shall  from  time  to  time  give  the  council  such,  in- 
formation and  recommend  such  measures  as  he  may  deem  ad- 
vantageous to  the  city. 

Ilayor  and  Aldermen  Conservators  of  Peace. 

§13.  [SEC.  13.]  The  mayor  and  aldermen  shall  be  con- 
servators of  the  peace  within  the  limits  of  the  city,  and  shall 
give  bonds  and  qualify  as  other  justices  of  the  peace;  and,  when 
so  qualified,  shall  possess  the  same  power  and  jurisdiction,  both 
in  civil  and  criminal  cases  arising  under  the  laws  of  the  Terri- 
tory, and  may  be  commissioned  as  justices  of  the  peace  in  and 
for  said  city  by  the  Governor.  They  shall  account  for  and  pay 
over  to  the  city  treasurer,  within  three  months,  all  fines  and 
forfeitures  received  by  them  in  their  judicial  capacity;  and  they 
shall  each  keep  a  docket,  subject  at  all  times  to  the  inspection 
of  the  city  council  and  all  other  parties  interested. 

Jurisdiction. 

§  14  [SEC.  14]  The  mayor  and  aldermen  shall  have  ex- 
clusive jurisdiction  in  all  cases  arising  under  the  ordinances  of 
the  city,  and  issue  such  process  as  may  be  necessary  to  carry 
.such  ordinances  into  execution  and  effect. 

Recorder  -Duties— Keep  Flats— Take  Acknowledgments. 

§  15.  [SEC.  15.]  It  shall  be  the  duty  of  the  recorder  to 
make  and  keep  accurate  records  of  all  ordinances  made  by  the 
•city  council,  and  all  their  proceedings  in  a  corporate  capacity; 
which  record  shall  at  all  times  be  open  to  the  inspection  of  the 


SALT   LAKE   CITY   CHARTER   AND  AMENDMENTS.  29' 

electors  of  the  city  and  all  other  parties  interested.  He  shall1 
have  and  keep  a  plat  of  all  surveys  within  the  city,  and  record1 
all  deeds,  transfers,  or  other  instruments  of  writing  that  may  be 
presented  to  him  for  that  purpose;  and  he  is  hereby  authorized 
to  take  the  acknowledgment  of  deeds,  transfers  and  other  in- 
struments of  writing,  and  shall  perform  such  other  duties  as- 
may  be  required  of  him  by  city  ordinance. 

Marshal— Duties. 

§16.  [SEC.  16. ]  The  marshal  shall  perform  such  duties 
as  shall  be  prescribed  by  the  city  council  for  £he  preservation 
of  the  public  peace.  All  process  issued  by  the  mayor  or  an 
alderman  shall  be  directed  to  the  marshal  or  his  deputy;  and 
in  the  execution  thereof  he  shall  be  governed  by  such  rules  and 
regulations  as  may  be  provided  by  city  ordinances,  and  shall  be 
the  principal  ministerial  officer. 

Treasurer— Duties. 

.  §  17.  [SEC.  17.]  The  treasurer  shall  receive  all  moneys 
belonging  to  the  city,  and  shall  keep  an  accurate  account  of  all 
receipts  and  expenditures  in  such  manner  as  the  city  council 
shall  direct.  He  shall  pay  all  moneys  that  may  come  to  his 
hand,  by  virtue  of  his  office,  upon  orders  signed  by  the  auditor 
of  public  accounts,  and  shall  report  to  the  city  council  a  true 
account  of  his  receipts  and  disbursements,  as  they  may  require. 

City  Council  -  Meetings — Presiding  Officer. 

§  18.  [SEC.  18.]  The  city  council,  a  majority  of  whom 
shall  form  a  quorum  to  transact  business,  shall  meet  at  such 
times  and  places  as  they  may  direct;  and  the  mayor,  when 
present,  shall  preside  at  said  meetings  and  have  a  casting  vote. 
In  the  absence  of  the  mayor,  any  alderman  present  may  be 
appointed  to  preside,  in  such  manner  as  shall  be  provided  by 
the  city  council. 

Stated  Meetings— Special  Meetings— Rules,  etc. 

§19.  [SEC.  19.]  The  city  council  shall  hold  stated  meet- 
ings, and  the  mayor  or  any  two  aldermen  may  call  special 
meetings,  by  notice  to  each  of  the  members  of  said  council,. 


30  SALT    LAKE   CITY   CHAETEE   AND    AMENDMENTS. 

X 

served  personally  or  left  at  their  usual  place  of  abode.  Said 
council  shall  determine  the  rules  of  its  own  proceedings,  and 
be  judge  of  the  election  and  qualification  of  its  own  members. 

Control  of  Finances  and  Property. 

§  20.  [SEC.  20.]  The  city  council  shall  have  the  manage- 
ment and  control  of  the  finances  and  property,  real,  personal 
and  mixed,  belonging  to  the  corporation. 

To  Prohibit  Games  of  Chance. 

§21.  [SEC.  21. ]  The  city  council  is  hereby  empowered 
within  the  jurisdiction  of  the  city,  by  ordinance  and  enforce- 
ment thereof,  to  prevent,  punish  or  prohibit  every  kind  of 
fraudulent  device  and  practice;  all  descriptions  of  gaming,  play- 
ing at  dice,  cards,  or  other  games  of  chance,  with  or  without 
betting. 

To  License,  Tax  and  Regulate  Certain  Things. 

&  22.  [  SEC.  22.  ]  To  license,  tax,  regulate,  suppress  or 
prohibit  billiard  tables,  pin  alleys,  nine  or  ten  pin  alleys,  or 
tables  and  ball  alleys;  to  suppress  or  restrain  bawdy  and  other 
disorderly  houses  and  groceries;  to  authorize  the  destruction 
and  demolition  of  all  instruments  and  devices  used  for  the  pur- 
pose of  gaming;  to  prevent  any  riot,  noise,  disturbance  or  dis- 
orderly assemblage;  and  to  restrain  and  punish  vagrants,  mendi- 
cants, street  beggars  and  prostitutes. 

Regulate  Liquor  Traffic. 

§  23.  [SEC.  23.]  To  regulate  the  selling  or  giving  away 
of  any  ardent  spirits  or  other  intoxicating  liquors  by  any  store- 
keeper, grocer  or  trader,  to  be  drunk  in  any  shop,  store,  grocery, 
outhouse,  yard,  garden  or  other  place  within  the  city,  except  by 
persons  or  at  places  duly  licensed;  to  forbid  the  selling  or  giv- 
ing away  of  aruent  spirits  or  other  intoxicating  liquors  to  any 
child,  apprentice  or  servant,  without  the  consent  of  his  or  her 
parent,  guardian,  master  or  mistress,  or  to  any  Indian. 

Manufacturing  and  Selling  Liquors. 

§  24.  [SEC.  24.]  To  license,  regulate  or  restrain  the  man- 
ufacturers, sellers  or  venders  of  spirituous  and  fermented 


SALT    LAKE   CITY    CHARTEE    AND   AMENDMENTS.  31 

liquors,  tavern  keepers,  dram  or  tippling  shop  keepers,  grocers 
and  keepers  of  ordinaries,  boarding,  victualling  or  coffee  houses, 
restaurants,  saloons  or  other  houses  or  places  for  the  selling  or 
giving  away  of  wines  or  other  liquors,  whether  ardent,  vinous  or 
fermented. 

Exhibitions. 

§25.  [SEC.  25. ]  To  regulate,  license,  suppress  or  pro- 
hibit all  exhibitions  of  common  showmen,  shows  of  every  kind, 
concerts  or  other  musical  entertainments,  exhibitions  of  natural 
or  artificial  curiosities,  Caravans,  circuses,  theatrical  perform- 
ances and  all  other  exhibitions  and  amusements. 

To  Prevent  Certain  Amuse  me  nts. 

§  26.  [SEC.  26.]  To  prevent  or  regulate  the  rolling  of 
hoops,  playing  at  ball,  flying  of  kites,  or  any  other  amusement 
or  practice  having  a  tendency  to  annoy  persons  passing  in  the 
streets  or  on  the  sidewalks,  or  to  frighten  teams  or  horses. 

Fast  Riding— Hitching  Posts — Abnse  of  Animals. 

§27.  [SEC.  27.]  To  prevent  horse  racing,  immoderate 
riding  or  driving  in  the  streets,  and  to  authorize  their  being 
stopped  by  any  person;  to  punish  or  prohibit  the  abuse  of 
animals;  to  compel  persons  to  put  up  posts  in  front  of  their  lots 
to  fasten  their  horses  or  other  animals;  to  compel  the  fastening 
of  horses,  mules,  oxen  or  other  animals  attached  to  vehicles, 
while  standing  or  remaining  in  the  street. 

Prevent  Encumbering  Street,  etc. 

§28.  [SEC.  28.]  To  prevent  the  encumbering  of  the 
streets  or  sidewalks,  lanes,  alleys  and  public  grounds  with  car- 
riages, tents,  wagons,  carts,  sleighs,  horses  or  other  animals, 
sleds,  wheelbarrows,  boxes,  lumber,  timber,  firewood,  posts, 
awnings,  signs,  adobies  or  any  material  or  substance  whatever. 

Cattle    Impounding    Dogs. 

§29.  [SEC.  29.]  To  restrain,  regulate  or  prohibit  the 
running  at  large  of  cattle,  horses,  mules,  sheep,  swine,  goats  and 
all  kinds  of  poultry,  and  to  authorize  the  distraining,  impound- 
ing or  sale  of  the  same,  for  the  penalty  and  costs  incurred  there- 


82  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

by;  and  to  impose  penalties  for  any  violation  of  city  ordinance- 
in  relation  thereto;  and  to  tax,  prevent  or  regulate  the  keeping 
of  dogs,  and  to  authorize  the  destruction  of  the  same,  when  at 
large,  contrary  to  city  ordinance. 

Health  Regulations—  Abate  Nuisances. 

§  30.  [SEC.  30.]  To  compel  the  owner  or  occupant  of 
any  grocery,  cellar,  tallow-chandler  shop,  soap  factory,  tannery, 
stable,  barn,  privy,  sewer,  or  any  unwholesome  place,  to  cleanse, 
remove  or  abate  the  same  from  time  to  time,  as  often  as  may  be 
necessary  for  the  health,  comfort  and  convenience  of  the  inhab- 
itants of  said  city. 

Breweries,  Tanneries,  Slaughter  Houses,  ete. 

§31.  [SEC.  31.  ]  To  direct  the  location  and  management 
of  and  regulate  breweries  and  tanneries;  and  to  direct  the  loca- 
tion, management  and  construction  of,  and  restrain  or  prohibit 
within  the  city,  distilleries,  slaughtering  establishments  and 
establishments  for  steaming  and  rendering  lard,  oil,  tallow,  offal 
and  such  other  substances  as  can  or  may  be  rendered;  and  all 
establishments  or  places  where  nauseous,  offensive  or  unwhole- 
some business  may  be  carried  on. 

Combustibles  and  Explosives. 

§  32.  [SEC.  32.]  To  direct  or  prohibit  the  location  and 
management  of  houses  for  the  storing  of  gunpowder,  tar,  pitch, 
rosin  or  other  combustible  and  dangerous  materials  within  the 
city,  and  to  regulate  the  keeping  and  conveying  of  gunpowder, 
and  the,  use  of  candles  and  lights  in  barns,  stables  or  outhouses. 


and  Ice  on  Sidewalks. 

§  33.  [  SEC.  33.  ]  To  compel  persons  to  keep  the  snow  and 
ice  from  the  sidewalks  in  front  of  the  premises  owned  or  occu- 
pied by  them  on  East  Temple  street,  from  the  Temple  Block 
south  to  the  intersection  with  Second  South  street. 

Nuisances. 

§  34.  [SEC.  34.]  To  abate  or  remove  nuisances,  and  pun- 
ish the  authors  thereof,  by  penalties  of  fine  and  imprisonment; 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  33 

and  to  define  and  declare  what  are  nusiances,  and  authorize  and' 
direct  the  summary  abatement  thereof;  and  to  abate  all  nui- 
sances which  are  or  may  be  injurious  to  the  public  health, 
peace  or  good  order. 

Dead  Carcas  s    Putrid  Beef,  Fish,  etc. 

§35.  [SEC.  35.]  To  prevent  any  person  from  bringing,, 
depositing  or  having  within  the  limits  of  the  city  any  dead  car- 
cass or  any  other  unwholesome  substance,  and  to  require  the 
removal  or  destruction  of  the  same  by  any  person  who  shall  have 
placed  or  caused  to  be  placed  upon  or  near  his  premises  or  near 
any  of  the  streams  of  this  city  any  substances,  or  any  putrid  or 
unsound  beef,  pork,  or  fish,  hides  or  skins  of  any  kind ;  and,  on 
his  default,  to  authorize  the  removal  or  destruction  by  any 
officer  of  said  city. 

Streets,  Alleys,  Sidewalks,  etc. 

§36.  [SEC.  36. ]  To  exclusively  control,  regulate,  repair,, 
amend  and  clear  the  streets,  alleys,  bridges,  sidewalks  or  cross- 
walks; and  open,  widen,  straighten  or  vacate  streets  and  alleys, 
and  put  drains  or  ditches  and  sewers  therein;  and  prevent  the- 
encumbering  of  the  streets  in  any  manner,  and  protect  the 
same  from  any  encroachment  and  injury. 

Public  Grounds— Trees—Fencing  Lots. 

§37.  [SEC.  37. ]  To  lay  out,  improve  and  regulate  the- 
public  grounds  belonging  to  the  city;  to  direct  and  regulate  the 
planting  and  preserving  trees  in  the  streets  and  public  grounds; 
and  to  regulate  the  fencing  of  lots  within  the  bounds  of  the  city. 

Street  Noises. 

§  38.  [SEC.  38.]  To  prevent  the  ringing  of  bells,  blowing 
of  horns  and  bugles,  crying  of  goods  and  all  other  noises, 
performances  and  devices  tending  to  the  collection  of  persons 
on  the  streets  or  sidewalks  by  auctioneers  and  others,  for  the 
purpose  of  business,  amusement  or  otherwise. 

Bathing. 

§  39.  [  SEC.  39.  ]  To  regulate  and  determine  the  times  and 
places  of  bathing  and  swimming  in  the  river  or  other  waters  in, 


34  SALT    LAKE    CITY   CHARTER    AND    AMENDMENTS. 

and  adjoining  said  city,  and  to  prevent  any  obscene  or  indecent 
•exhibition,  exposure  or  conduct. 

('out. -i "ion-.   Diseases—  Quarantine. 

§  40.  [SEC.  40.]  To  make  regulations  to  prevent  the 
introduction  of  contagious  diseases  into  the  city;  to  make  quar- 
antine laws  and  enforce  the  same  within  the  city  and  around  it, 
not  exceeding  twelve  miles  next  beyond  the  bounds  thereof. 

licenses.     , 

§41.  [SEC.  41.]  To  grant  and  issue  licenses,  and  direct 
the  manner  of  issuing  and  registering  thereof,  and  the  fees  to 
be  paid  therefor.  Bonds  may  be  taken,  on  the  granting  of 
licenses,  for  the  due  observance  of  the  ordinances  or  regulations 
of  the  city  council. 

Mercantile  Licenses. 

§42.  [SEC.  42. ]  To  license,  tax  and  regulate  merchants 
and  retailers,  auctioneers,  distillers,  brewers,  brokers,  pawn- 
brokers and  money  changers,  and  to  impose  duties  upon  the  sale 
of  goods  at  auction. 

Hawker*  and  Peddlers. 

§  43.  [SEC.  48.]  To  license,  tax,  regulate  or  suppress 
hawkers  and  peddlers. 

Butchers— Poultry,  Fruit  and  Eggs. 

§  44.  [SEC.  44.]  To  regulate  and  license  or  prohibit 
butchers,  and  to  revoke  their  license  for  malconduct  in  the 
course  of  trade,  and  to  regulate,  license  and  restrain  the  sale  of 
fresh  meat  and  vegetables  in  the  city;  and  restrain  and  punish 
the  forestalling  of  poultry,  fruit  and  eggs. 

Markets. 

§  45.  [SEC.  45.]  To  establish  and  regulate  markets  and 
other  public  buildings,  and  provide  for  their  erection,  determine 
their  location,  and  authorize  their  erection  in  the  streets, 
avenues  or  any  other  public  place  or  places  in  the  city,  and  not 
exceeding  four  miles  beyond  the  bounds  thereof. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  35 

Census— Births  and  Deaths. 

§  46.  [SEC.  46. ]  To  provide  for  taking  the  enumeration 
of  the  inhabitants  of  the  city ;  to  regulate  the  burial  of  the  dead, 
and  registration  of  births  and  deaths  ;  to  direct  the  returning 
and  keeping  of  bills  of  mortality;  and  to  impose  penalties  on 
physicians,  sextons  and  others  for  any  default  in  the  premises. 

Wa tch  men  and  Policemen. 

§  47.  [SEC.  47.]  To  appoint  watchmen  and  policemen, 
and  prescribe  their  duties  and  powers. 

Inspector  of  Lumber,  Building  Material,  Etc. 

§  48.  [SEC.  48.]  To  regulate  the  measuring  and  inspec- 
tion of  lumber,  shingles,  timber,  posts,  staves  and  heading,  and 
all  building  materials  and  all  kinds  of  mechanical  work;  and 
appoint  one  or  more  inspectors  therefor. 

Hay. 

§  49.  [SEC.  49.]  To  regulate  the  weighing  and  place  and 
manner  of  selling  hay. 

Provisions. 

§  50.  [SEC.  50.]  To  regulate  the  inspection  of  tobacco, 
also  of  flour,  meal,  pork,  beef  and  other  provisions,  and  salt  to 
be  sold  in  barrels,  hogsheads  and  other  packages. 

Wood  and  Coal. 

§  51.  [SEC.  51.]  To  regulate  the  measuring  of  wood  and 
weighing  of  coal,  and  the  place  and  manner  of  selling  the  same. 

Inspection  of  Liquors. 

§  52.  [SEC.  52.]  To  regulate  the  inspection  of  whisky 
and  other  liquors  to  be  sold  in  barrels,  hogsheads  or  other  ves- 
sels. 

Inspectors,  Weighers,  Gangers. 

§  53.  [SEC.  53.]  To  appoint  inspectors,  weighers  and  gau- 
gers,  and  regulate  their  duties  and  prescribe  their  fees. 


36  SALT    LAKE   CITY   CHARTER   AND   AMENDMENTS. 

Weights  and  measures, 

§  54.  [  SEC.  54.  ]  To  require  every  merchant,  retailer, 
trader  and  dealer  in  merchandise  or  property  of  any  description, 
which  is  sold  by  measure  or  weight,  to  cause  their  weights  and 
measures  to  be  sealed  by  the  city  sealer  and  to  be  subject  to 
his  inspection;  the  standard  of  which  weights  and  measures 
shall  be  conformable  to  those  established  by  law. 

Waterworks— Prevent  Waste. 

§  55.  [SEC.  55.]  To  establish,  make  and  regulate  public 
pumps,  wells,  cisterns,  hydrants  and  reservoirs;  to  distribute, 
control  and  so  regulate  the  waters  flowing  into  the  city  through- 
out such  channels  as  may  be  most  advantageous,  and  to  prevent 
the  unnecessary  waste  of  water. 

Street  Lamps. 

§  56.  [SEC.  56.]  To  erect  street  lamps,  and  regulate  the 
lighting  thereof;  and  from  time  to  time  create,  alter  and  extend 
lamp  districts. 

Public  Pounds. 

§  57.     [SEC.  57.]    To  establish  and  regulate  public  pounds. 

Ferries. 

§  58.     [SEC.  58.]     To  regulate  and  license  ferries. 

^Education  and  Care  of  Children. 

§  59.  [SEC.  59.]  To  authorize  the  taking  up  and  providing 
for  the  safe  keeping  and  education,  for  such  periods  of  time  as 
may  be  expedient,  of  all  children  who  are  destitute  of  all  proper 
parental  care,  wandering  about  the  streets,  committing  mischief 
and  growing  up  in  mendicancy,  ignorance,  idleness  and  vice. 

Borrow  Money. 

§  60.  [SEC.  60.]  To  borrow  money  on  the  credit  of  the  city; 
Provided,  That  the  interest  on  the  aggregate  of  all  the  sums 
borrowed  and  outstanding  shall  not  exceed  one-fourth  of  the 
city  revenue  arising  from  taxes  assessed  within  the  corporation 
during  the  preceding  year. 


SALT    LAKE    CITY    CHARTER    AND    AMENDMENTS.  31 

Ord  inances — Prescribe  Penalties. 

§  61.  [SEC.  61.]  The  city  council  shall  have  power  to 
make,  publish,  ordain,  amend  and  repeal  all  svich  ordinances, 
by-laws  or  police  regulations,  not  contrary  to  the  Constitution 
of  the  United  States  and  the  laws 'of  this  Territory,  for  the  good 
government  and  order  of  the  city,  as  may  be  necessary  and 
expedient  to  carry  into  effect  the  powers  vested  in  the  city 
council  or  any  officer  of  said  city  by  this  act;  and  enforce 
observance  of  all  rules,  ordinances,  resolutions,  by-laws  and 
police  and  other  regulations,  made  in  pursuance  of  this  act,  by 
penalties  not  exceeding  one  hundred  dollars  for  any  offense 
against  the  same,  or  imprisonment  not  exceeding  six  months,  or 
both. 

Taxes—How  ^Levied. 

§62.  [SEC.  62.]  The  city  council  shall  have  power  with- 
in the  city,  by  ordinance,  to  annually  levy  and  collect  taxes  on 
the  assessed  value  of  all  real  or  personal  estate  or  property  in 
the  city,  made  taxable  by  the  laws  of  the  Territory,  for  the  fol- 
lowing named  purposes,  to-wit:  Not  to  exceed  five  mills  on  the 
dollar  to  defray  the  contingent  expenses  of  the  city.  Not  to  ex- 
ceed five  mills  on  the  dollar  to  open,  improve  and  keep  in  repair 
the  streets  of  the  city.  Not  to  exceed  one  and  one-quarter  mills 
on  the  dollar  to  control  the  waters  of  said  city;  and  they  shall 
annually  apportion  and  apply  said  taxes  as  shall  in  their  judg- 
ment be  deemed  most  expedient. 

Taxes  Wot  to  be  Increased. 

§  63.  [SEC.  63.]  When  the  city  council  shall  deem  it 
expedient  for  any  especial  purpose  to  borrow  money,  the  interest 
on  which  shall  not  exceed  one-fourth  of  the  city  revenue  arising 
from  taxes  of  the  preceding  year,  the  amount  of  taxes  shall  not 
be  increased . 

Poll  Tax. 

§  64.  [SEC.  64.]  To  require,  and  it  is  hereby  made  the 
duty  of  every  male  resident  of  the  city,  over  the  age  of  eighteen 
and  under  the  age  of  fifty  years,  to  labor  one  day  in  each  year 


38  SALT    LAKE   CITY   CHARTER   AND  AMENDMENTS. 

upon  the  streets,  but  every  person  may  at  his  option  pay  one 
dollar  and  fifty  cents  for  the  day  he  shall  be  so  bound  to  labor; 
Provided,  it  be  paid  within  five  days  from  the  time  he  shall  be 
notified  by  the  street  supervisor.  In  default  of  the  payment  as 
aforesaid,  the  same  may  be  collected  as  other  taxes. 

Tax  Assessment. 

§65.  [SEC.  65.]  The  city  council  shall  have  power  by 
ordinance  to  regulate  the  form  of  assessment  rolls,  and  prescribe 
the  duties  and  define  the  powers  of  assessors  and  collectors- 
The  annual  assessment  rolls  shall  be  returned  by  che  assessor 
on  or  before  the  first  Monday  of  April  in  each  year;  but  the 
time  may  be  extended  or  additions  made  thereto  by  order  of  the 
city  council.  On  the  return  thereof  the  city,  council  shall  fix 
a  day  for  hearing  objections  thereto,  and  any  person  feeling  ag- 
grieved by  the  assessment  of  his  property  may  appear  at  the 
time  specified  and  make  his  objections,  which  shall  be  heard 
and  determined  upon  by  the  city  council ;  and  they  shall  have 
power  to  alter,  add  to,  take  from  and  otherwise  correct  and  re- 
vise said  assessment  roll. 

Tax  Collection. 

§66.  [SEC.  66.]  The  collector  shall  be  furnished,  within 
thirty  days  after  the  assessment  rolls  are  corrected,  with  a  list 
of  the  taxes  to  be  collected;  and  if  not  paid,  the  collector  shall 
have  power  to  collect  said  taxes  with  interest  and  cost  by 
suit  in  the  corporate  name,  or  by  distress  and  sale  of  any  prop- 
erty belonging  to  persons  so  indebted.  The  assessor's  roll 
shall  in  all  cases  be  evidence  on  the  part  of  the  corporation. 

Collectors— Power  and  Authority. 

§67.  [SEC.  67.]  All  taxes  and  assessments,  general  and 
special,  shall  be  collected  by  the  collector  or  collectors  in  the 
same  manner  and  with  the  same  power  and  authority  as  are 
given  by  the  law  to  collectors  of  county  and  territorial  taxes; 
Provided,  the  council  shall  have  power  to  prescribe  by  city 
ordinance  the  powers,  duties  and  liabilities  of  assessors  and 
collectors 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  39 

Fire  Regulations. 

§68.  [SEC.  68.]  The  city  council  shall  have  power 
to  make,  ordain  and  establish  all  such  general  regulations  for 
the  prevention  and  extinguishment  of  fires,  fixing  of  chimneys, 
flues  and  stove-pipes,  as  they  may  deem  expedient;  to  procure 
fire  engines  and  other  apparatus  used  for  the  extinguishment 
of  the  same,  and  have  the  charge  and  control  of,  and  provide, 
fit  up  and  secure  engine  houses  and  other  places  for  the  keep- 
ing and  preserving  the  same;  to  organize  fire,  hose  and  ladder 
companies,  appoint  foremen  therefor  and  prescribe  their  duties, 
and  make  rules  and  regulations  for  their  government,  and  to  im- 
pose reasonable  fines  and  forfeitures  for  a  violation  of  the  same. 

School  Trustees  and  Inspectors. 

§  69.  [SEC.  69.]  The  city  council  shall  have  power  to 
provide  for  the  election  of  trustees;  to  appoint  a  board  of 
school  inspectors  and  to  prescribe  the  powers  and  duties  of  the 
same,  and  to  enact  such  ordinances  as  may  be  necessary  to  carry 
their  duties  and  powers  into  effect. 

Police— Fines -Power  to  Make  Ordinances. 

§  70.  [SEC.  70.]  The  city  council  shall  have  exclusive 
authority  and  power  to  establish  and  regulate  the  police  of  the 
city;  to  impose  fines,  forfeitures  and  penalties  for  the  breach  of 
any  ordinance;  to  provide  for  the  recovery  of  such  fines  and  for- 
feitures and  the  enforcement  of  such  penalties,  and  to  pass, 
make,  ordain,  establish  and  execute  all  such  ordinances,  not  re- 
pugnant to  the  Constitution  of  the  United  States  or  the  laws  of 
this  Territory,  as  they  may  deem  necessary  for  carrying  into 
effect  and  execution  the  powers  specified  in  this  act,  and  for  the 
peace,  good  order,  regulation,  convenience  and  cleanliness  of 
the  city,  for  the  protection  of  property  therein  from  destruction 
by  fire  or  otherwise,  and  for  the  health,  safety  and  happiness  of 
the  inhabitants  thereof. 

Ordinances  to  Be  Published. 

§  71.  [SEC.  71.]  All  ordinances  passed  by  the  city  coun- 
cil shall,  within  one  month  after  they  shall  have  been  passed,  be 


SALT    LAKE   CITY    CHARTER    AND    AMENDMENTS. 

published  in  some  newspaper  printed  in  said  city,  or  certified 
copies  thereof  be  posted  up  in  three  of7  the  most  public  places 
in  the  city. 

Publication  in  Book  Form. 

§  72.  [SEC.  72.]  All  ordinances  of  the  city  may  be  proven 
by  the  seal  of  the  corporation,  and,  when  printed  or  published 
in  book  form,  purporting  to  be  printed  or  published  by  the 
authority  of  the  city  council,  the  same  shall  be  received  in  evi- 
dence in  all  courts  or  places  without  further  proof. 

Duties  of  Officers— Reqnire  Bonds. 

§73.  [SEC.  73. ]  The  city  council  shall  have  power,  from 
time  to  time,  to  require  further  and  other  duties  of  ail  officers 
whose  duties  are  herein  provided;  and  prescribe  the  duties  and 
powers  of  all  officers  appointed  or  elected  under  this  act,  whose 
duties  herein  are  not  specifically  mentioned,  and  arrange  the 
fees  and  fix  the  compensation  of  all  officers,  jurors,  witnesses  and 
others.  They  may  also  require  bonds  to  be  given  to  Great  Salt 
Lake  City  by  all  officers,  for  the  faithful  performance  of  their 
duties. 

Commissioned  by  Warrant. 

§  74.  [SEC.  74.]  All  persons  appointed  under  this  act  to 
the  office  of  recorder,  marshal,  attorney,  treasurer,  collector, 
assessor,  auditor  of  public  accounts,  surveyor  or  street  com- 
missioner, shall  be  commissioned  by  warrant  under  the  corpor- 
ate seal,  signed  by  the  mayor  or  presiding  officer  of  the  city 
council  and  recorder. 

Delivering  Property  to  Successor. 

§  75.  [  SEC.  75.  ]  If  any  person,  having  been  an  officer  in 
Great  Salt  Lake  City,  shall  not,  within  ten  days  after  notifica- 
tion and  request,  deliver  to  his  successor  in  office  all  the  prop- 
erty, papers  and  effects  of  every  description  in  his  possession 
belonging  to  said  city  or  appertaining  to  the  office  he  held,  he 
shall  forfeit  and  pay  for  the  use  of  the  city  not  exceeding  one 
hundred  dollars,  besides  all  damages  caused  by  his  neglect  or 
refusal  so  to  deliver. 


SALT    LAKE   CITY   CHARTER    AND    AMENDMENTS.  41 

Taking  Private  Property  t»r  Streets,  etc. 

§  76.  [SEC.  7(1]  When  it  shall  be  necessary  to  take  pri- 
vate property  for  opening,  widening  or  altering  any  public 
street,  lane,  avenue  or  alley,  the  corporation  shall  make  a  just 
compensation  therefor  to  the  person  whose  property  is  so  taken; 
and  if  the  amount  of  such  compensation  cannot  be  agreed  upon, 
the  mayor  shall  cause  the  same  to  be  ascertained  by  a  jury  of 
six  disinterested  men,  who  shall  be  inhabitants  of  the  city. 

Jurors  to  Assess  I>amages. 

§  77.  [SEC.  77.]  All  jurors  empaneled  to  inquire  into 
the  amounts  of  benefit  or  damages  that  shall  happen  to  the 
owners  of  property  so  proposed  to  be  taken,  shall  first  be  sworn 
to  that  effect,  and  shall  return  to  the  mayor  or  presiding  officer 
of  the  city  council  their  inquest  in  writing,  signed  by  each 
juror. 

Cemetery  Lots  Exempt  from  Execution. 

§  78.  [SEC.  78:]  The  cemetery  lots  which  have  or  may 
hereafter  be  laid  out  and  sold  by  said  city  for  private  places  of 
burial  shall,  with  their  appurtenances,  forever  be  exempt  from 
execution  or  attachment. 

Old  Ordinances  in  Force. 

§  79.  [SEC.  79.]  All  ordinances,  resolutions  and  regula- 
tions now  in  force  in  -Great  Salt  Lake  City,  and  not  inconsistent 
with  this  act,  shall  remain  in  force  until  altered,  modified  or  re- 
pealed by  the  city  council  after  this  act  shall  take  effect. 

Actions  Continued. 

§80.  [SEC.  80.]  All  actions,  rights,  fines,  penalties  and 
forfeitures,  in  suit  or  otherwise,  which  have  accrued  under  the 
ordinance  incorporating  Great  Salt  Lake  City,  shall  be  vested  in 
and  prosecuted  by  the  corporation  hereby  created. 

Surveys  Validated. 

§81.  [SEC.  81.]  All  plots  and  surveys  of  lands,  lots  or 
other  places  within  said  city,  heretofore  surveyed  by  the  sur- 


42  SALT   LAKE   CITY   CHARTER    AND   AMENDMENTS. 

veyor,  and  all  plots  and  surveys  of  lands,  lots  or  other  places 
that  may  be  hereafter  surveyed,  and  all  certificates  of  surveys 
given  by  him  shall  be  deemed  valid  by  this  act. 

Property  Vested— Officers  Continued. 

§  82.  [SEC.  82.]  All  property,  real,  personal  or  mixed, 
now  belonging  to  Great  Salt  Lake  City,  is  hereby  vested  in  the 
corporation  created  by  this  act;  and  the  officers  of  said  corpora- 
tion now  in  office  shall  respectively  continue  in  the  same,  until 
superseded  in  conformity  to  the  provisions  hereof,  but  shall  be 
governed  by  this  act,  which  shall  be  in  force  from  and  after  its 
passage. 

Public  Act. 

§83.  [SEC.  83.]  This  act  shall  be  deemed  a  public  act, 
and  may  be  read  in  evidence  without  proof,  and  judicial  notice 
shall  be  taken  thereof  in  all  courts  and  places . 

Rights  Reserved. 

§  84.  [SEC.  84.]  This  act  shall  not  invalidate  any  act 
done  by  the  present  city  council  of  Great  Salt  Lake  City,  or  by 
its  officers,  nor  divest  their  successors  under  this  act  of  any 
rights,  property  or  otherwise,  or  liability  which  may  have  ac- 
crued to  or  been  created  by  said  council  prior  to  the  passage 
of  this  act. 

Powers  of  Arrest-  May  Detain  48  Hours. 

§  85.  [SEC.  85.]  All  officers  of  the  city,  created  conserva- 
tors of  the  peace  by  this  act,  shall  have  power  to  arrest  or  cause 
to  be  arrested,  with  or  without  process,  all  persons  who  shall 
break  the  peace;  commit  for  examination,  and,  if  necessary,  de- 
tain such  persons  in  custody  forty-eight  hours  in  the  city  prison 
or  other  safe  place;  and  shall  have  and  exercise  such  other  pow- 
ers, as  conservators  of  the  peace,  as  the  city  council  may 
prescribe. 

City  Council. 

§  86.  [SEC.  86.]  Nothing  in  this  act  shall  be  so  construed 
as  to  deprive  the  present  city  council  of  Great  Salt  Lake  City 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  43 

of  any  power  or  authority  conferred  upon  them  by  the  ordinance 
incorporating  said  city,  and  the  act  amendatory  thereto;  but 
said  city  council  shall  possess,  exercise  and  enjoy  all  the  powers- 
and  authority  heretofore  conferred  upon  them,  except  so  far  as 
such  powers  and  authority  have  been  expressly  modified  or  re- 
pealed by  this  act,  until  said  city  council  are  superseded  by  the 
election  and  qualification  of  their  successors  under  this  act. 

Acts  Repealed. 

§87.  [SEC.  87.]  That  "An  ordinance  to  incorporate 
Great  Salt  Lake  City,"  approved  January  19,  1851,  be  and  i& 
hereby  repealed;  and  "An  Act  in  relation  to  the  assessment, 
collection  and  expenditure  of  a  tax  for  road  and  other  purposes, 
within  incorporated  cities,"  approved  June  4,  1853,  so  far  as  the 
same  applies  to  Great  Salt  Lake  City,  be  and  is  hereby 
repealed. 

Quarterly  Statement  to  be  Published. 

§  88.  [SEC.  88.]  The  city  council  shall  publish,  in  at 
least  one  newspaper  published  in  Great  Salt  Lake  City,  a  quar- 
terly statement  of  the  amount  of  city  revenue,  specifying  in  said 
statement  from  whence  derived  and  for  what  disbursed. 

[Approved  January  20,  I860.] 


AN  ACT  AMENDING  THE  CHARTER  OF  GREAT  SALT 

LAKE  CITY. 

APPROVED  JANUARY  14,  1865. 


License— Livery  Stables. 

§  89.  [SEC.  1]  Be  it  enacted  by  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  First. — That  the 
city  council  of  Great  Salt  Lake  City  shall  have  power  and 
authority  to  license,  tax  and  regulate  livery  stables. 


44  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

License  Hackmen,  etc. 

Second — To  license,  tax  and  suppress  hackmen,  draymen, 
carters,  porters,  omnibus  drivers,  cabmen,  packers,  carmen  and 
•all  others  who  may  pursue  like  occupations,  with  or  without 
vehicles,  and  prescribe  their  compensation. 

Establish    Hospitals— License  Doctors. 

Third — To  establish,  erect  and  control  hospitals,  infirmaries 
.and  medical  colleges;  to  purchase  grounds  for  their  erection 
and  improve  and  adorn  the  same;  and  license,  control  and  regu- 
late physicians  and  surgeons. 

Establish  House  of  Correction. 

Fourth — To  purchase  and  improve  suitable  grounds  for  a 
house  of  correction;  to  erect  buildings  thereon  anu  adopt  such 
rules  and  regulations  for  the  government  and  punishment  of 
offenders  therein  as  said  council  may  from  time  to  time  deem 
expedient. 

Railroad  Tracks  and  Locomotive  Engines. 

Fifth — To  direct  and  control  the  location  of  railroad  tracks 
.  and  depot  grounds  within  the  city,  and  regulate  or  prohibit  the 
use  of  locomotive  engines  thereon,  and  may  require  the  cars  to 
be  used  within  the  inhabited  portions  thereof  to  be  drawn  or 
propelled  by  other  power  than  that  of  steam. 

Gas  Works— Telegraph  Poles. 

Sixth — To  regulate  and  control  the  location  of  gas  works, 
canals,  telegraph  poles,  and  all  improvements  of  similar  nature. 

Local  Assessments. 

§  90.  [SEC.  2.]  The  city  council  shall  have  power  to  levy 
and  collect  on  real  estate  (or  land  claims  and  improvements 
thereon)  in  any  district  or  division  benefited,  within  the  limits 
of  said  city,  a  sufficient  tax  to  defray  the  expense  of  leveling, 
paving,  macadamizing  or  planking,  and  opening  and  keeping  in 
repair,  the  streets  and  sidewalks,  of  conducting  sewers  and 
drains,  and  keeping  the  same  in  repair,  and  of  erecting  lamps 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  45- 

and  lighting  the  streets  in  such  respective  districts  or  divisions ;. 
Provided,  the  money  thus  raised  shall  be  exclusively  expended, 
for  such  purpose  in  the  district  where  such  taxes  are  assessed, 
and  by  such  person  or  persons  as  the  city  council  may  appoint. 
The  amount  to  be  assessed  for  any  such  improvement  shall  be 
determined  by  the  city  council,  who  shall  appoint  three  com- 
missioners, reputable  citizens,  to  make  such  assessment,  who- 
shall  be  sworn  to  faithfully  and  impartially  execute  their  duties. 

Before  entering  on  their  duties^  the  commissioners  shall 
give  six  days'  notice  of  the  time  and  place  of  meeting,  to  all. 
persons  interested.  The  commissioners  shall  assess  the  amount 
directed  by  the  city  council  on  the  real  estate  (or  land  claims- 
and  improvements)  by  them  deemed  benefited  by  any  such  im- 
provement, in  proportion  to  the  benefit  resulting  thereto. 

When  the  commissioners  shall  have  completed  their  assess- 
ment and  made  a  correct  copy  thereof,  they  shall  deliver  the- 
same  to  the  city  recorder  within  thirty  days  after  their  appoint- 
ment, signed  by  all  the  commissioners. 

The  city  recorder  shall  cause  a  notice  to  be  published  to  all 
persons  interested,  of  the  completion  of  the  assessment,  and  the 
time  and  place  shall  be  designated  therein  when  the  city  coun- 
cil shall  hear  appeals  and  objections  and  correct  or  confirm  said 
assessment. 

"When  the  said  assessment  shall  have  been  completed,  the- 
city  recorder  shall,  within  ten  days  thereafter,  make  a  correct 
tax  list,  which  shall  be  delivered  to  the  collector  or  any  author- 
ized agent  appointed  by  the  city  council,  who  shall  collect  said 
taxes  within  such  time  as  may  be  prescribed  by  said  council. 

If  any  assessment  is  set  aside  by  order  of  any  court,  the 
city  council  may  cause  a  new  one  to  be  made  in  like  manner 
for  the  same  purpose,  for  the  collection  of  the  amount  so  as- 
sessed. 

If  the  first  assessment  prove  insufficient,  another  may  be- 
made  in  the  same  manner,  or,  if  too  large  a  sum  shall  at  any 
time  be  raised,  the  excess  shall  be  refunded,  ratably,  to  those- 
by  whom  it  was  paid. 

[Approved  January  14,  1865.] 


46  SALT   LAKE   CITY   CHAETEE   AND   AMENDMENTS. 

AN  ACT  EXTENDING  THE  BOUNDARIES  OF  GREAT 
SALT  LAKE  CITY  CORPORATION. 

APPEOVED  JANUARY  18,  1867. 


City  Boundaries  Extended. 

§  91.  Be  it  enacted  by  the  Governor  and  Legislative  As- 
sembly of  the  Territory  of  Utah  :  That  the  boundaries  of 
Great  Salt  Lake  City  are  hereby  extended  as  follows  :  Com- 
mencing at  the  northwest  corner  of  Great  Salt  Lake  City  cor- 
poration limits  ;  thence  west  three  hundred  and  twenty  rods  ; 
thence  due  south  to  a  point  opposite  the  southern  boundary  of 
the  corporation  line  of  Great  Salt  Lake  City;  thence  east  to  the 
river  Jordan  ;  and  the  boundary  lines  of  the  city  corporation 
of  Great  Salt  Lake  City  are  hereby  established  in  accordance 
with  the  provisions  of  this  act. 

[Approved  January  18,  1867,] 


AN    ACT   CHANGING    THE    NAME   OF  GREAT    SALT 
LAKE  CITY  AND  GREAT  SALT  LAKE  COUNTY. 

APPEOVED  JANUARY  29,  1868. 


Change  of  City  Title. 

§  92.  Be  it  enacted  by  the  Governor  and  Legislative  As- 
sembly of  the  Territory  of  Utah:  That  the  name  and  style  of 
Great  Salt  Lake  City,  wherever  it  occurs  in  the  charter  and  on 
the  corporate  seal  of  said  city,  and  elsewhere,  shall  hereafter  be 
Salt  Lake  City  ;  and  that  all  questions,  rights,  property  and  in- 
terests pending  and  accrued  under  the  former  name  and  style 
shall  be  continued  and  deemed  of  the  same  foree  and  virtue 
under  the  new  name  and  style  of  Salt  Lake  City,  and  that  the 
name  and  style  of  Great  Salt  Lake  County,  wherever  it  occurs 
in  the  records  and  on  the  seal  of  said  county  and  elsewhere, 
shall  hereafter  be  Salt  Lake  County  ;  and  that  all  questions, 


SALT    LAKE    CITY    CHARTER    AND    AMENDMENTS.  47 


rights,  property  and  interests  pending  and  accrued  under  the 
former  name  and  style  shall  be  continued  and  deemed  of  the 
same  force  and  virtue  under  the  new  name  and  style  of  Salt 
Lake  County. 

[Approved  January  29,  1868.] 


AN  ACT  AMENDING  THE  CHARTERS  OF  INCORPOR- 
ATED CITIES. 

APPROVED  FEBRUARY  15,  1872. 


Jurisdiction  of  Justices. 

§  93.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  the  mayor 
and  aldermen  of  each  incorporated  city  shall  be  justices  of  the 
peace  within  their  respective  cities,  and  be  commissioned  as 
such  by  the  Governor,  and  shall  have  jurisdiction  in  cases 
arising  under  the  rules,  laws  and  ordinances  thereof  ;  also  in 
cases  arising  under  the  laws  of  the  Territory;  and  all  tines,  pen- 
alties and  forfeitures  collected  by  them,  arising  under  the  ordi- 
nances of  said  city,  shall  be  paid  into  the  treasuries  of  their 
respective  cities;  and  all-  fines,  penalties  and  forfeitures  col- 
lected by  them,  arising  under  the  laws  of  the  Territory,  shall 
be  paid  into  their  respective  county  treasuries. 

Actions— Arrest  for  Probable  Cause. 

§94  [SEC.  2.]  All  cases  arising  under  the  ordinances  of 
any  city  may  be  commenced  by  affidavit  and  warrant  issued 
thereon;  Provided,  That .  any  officer  having  probable  cause  to 
believe  an.  offense  has  been  committed,  may  arrest  any  supposed 
offender  before  affidavit  filed  or  warrant  issued.  The  affidavit 
shall  be  sufficient  if  it  refer  to  the  ordinance  by  its  title  and 
date. 

Violation  of  Ordinances. 

§  95.  [SEC.  3.]  The  city  council  of  any  city  shall  have 
power  to  provide  by  ordinance  for  imprisonment  and  forfeiture 


48  SALT    LAKE   CITY    CHARTER    AND    AMENDMENTS. 

in  cases  of  violation  of  city  ordinances;  Provided,  That  jus- 
tices of  the  peace  within  and  for  the  respective  cities  shall  have 
exclusive  jurisdiction  in  all  cases  of  fines  for  crimes  or  misde- 
meanors arising  under  the  ordinances  of  the  city,  where  the 
fine  does  not  exceed  one  hundred  dollars,  or  imprisonment  not 
exceeding  six  months,  or  both  fine  and  imprisonment. 

Public  Schools. 

§  96.  [SEC.  4.]  To  provide  for  public  schools  or  other 
institutions  of  learning,  for  officers  and  teachers,  determine 
•their  powers  and  duties,  provide  for  school  fund  by  direct  tax 
or  otherwise,  and  how  the  same  shall  be  collected  and  dis- 
bursed. 

Fire  Limits. 

§  97.  [SEC.  5.]  The  city  councils  of  the  respective  cities,, 
for  the  purpose  of  protecting  property  against  loss  by  fire,  may 
by  ordinance  define  the  limits  of  fire  districts,  and  prohibit  the 
erection  of  wooden  buildings  therein. 

License  Lawyers,  etc.— Prohibit  Quacks. 

§98.  [SEC.  6.]  To  license,  tax  and  regulate  lawyers, 
surgeons,  physicians,  dentists  and  other  like  professions,  and 
prevent  by  penalties,  quacks  and  other  pretenders. 

License  Bankers,  Expressmen,  etc. 

§  99.  [  SEC.  7.  ]  To  license,  tax  and  regulate  bankers,, 
agents,  expressmen,  express  companies,  telegraphers,  pho- 
tographers, assayers,  smelters,  crushers,  and  other  like  occupa- 
tions or  pursuits. 

Games  of  Hazard. 

§  100.  [SEC.  8.]  The  city  councils  of  the  respective  cit- 
ies are  hereby  empowered  by  ordinance  to  prevent,  punish  or 
prohibit  every  kind  of  fraudulent  device  and  practice  and  all 
games  of  hazard,  and  punish  the  keepers  of  houses  wherein 
the  same  is  conducted. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  49 

Billiard  Tables— Disorderly  Houses. 

§  101.  [SEC.  9,]  To  license,  tax,  regulate  and  suppress 
billiard  tables,  pin  alleys,  or  tables  and  ball  alleys  ;  to  repress 
or  restrain  bawdy  and  other  disorderly  houses  and  punish  the 
keepers  thereof. 

Repeal . 

§  102.  [SEC.  10.]  So  much  of  the  city  charters  of  the 
several  cities  as  conflict  with  the  foregoing  sections  of  the  act 
are  hereby  repealed. 

Boundaries  of  Salt  Lake  City. 

§  103.  [SEC.  11.]  An  act  entitled  "An  act  extending  the 
boundaries  of  Great  Salt  Lake  City  Corporation."  approved 
January  18,  1867,  is  hereby  amended  by  inserting  after  the 
words  river  Jordan,  thence  northerly  down  the  west  bank  of 
said  river  Jordan  to  a  point  west  of  the  south  line  of  Tenth 
South  street ;  thence  east  along  said  south  line  to  the  east  line 
of  the  corporate  limits  ;  and  so  much  of  section  one  of  said  act- 
as  conflicts  with  this  section  is  hereby  repealed. 

Approved  February  15,  1872. 


AN  ACT  AMENDING  THE  CHARTERS  OF  INCORPOR- 
ATED CITIES. 

APPROVED  FEBRUARY  22,  1878. 


Sidewalks  Free  from  Obstructions. 

§  104.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and  Legis- 
lative Assembly  of  the  Territory  of  Utah:  That  the  city 
councils  of  the  respective  cities  of  this  Territory  are  hereby 
empowered,  by  ordinance  and  enforcement  thereof,  to  compel 
persons  to  keep  the  sidewalks  in  front  of  their  respective  places- 
of  business  free  from  obstructions. 

4 


50  SALT    LAKE  CITY   CHARTER   AND   AMENDMENTS. 

Water  Works. 

§  105.  [  SEC.  2.  ]  To  construct  water  works  and  reservoirs, 
lay  water  pipes,  erect  hydrants,  and  to  keep  the  same  in  repair; 
to  supply  the  said  cities  with  water,  and  regulate,  control  and 
•protect  the  same;  and  for  such  purpose  the  city  council  of  any 
city  shall  have  power  to  levy  and  collect  a  tax  on  real  estate  in 
any  district  or  division  of  such  city  specially  benefited  by  any 
such  improvement,  sufficient  to  defray  the  expenses  thereof; 
Provided,  that  an  amount  equivalent  to  the  money  thus  raised 
shall  be  expended  for  such  purposes  exclusively  within  the  dis- 
trict where  such  taxes  are  assessed  and  by  such  person  or  per- 
sons as  said  city  council  may  appoint.  The  city  council  of  the 
city  where  such  tax  may  be  levied  shall  determine  the  amount 
to  be  assessed  for  any  of  the  purposes  above  named;  and  the 
assessment  shall  be  apportioned  in  the  district  to  be  benefited 
by  the  improvement  in  which  such  assessment  is  made,  either 
according  to  the  extent  of  frontage  of  the  property  to  be 
assessed,  or  upon  real  estate,  including  the  improvements 
thereon,  and  in  proportion  to  the  benefits  respectively  resulting 
thereto  by  virtue  of  such  improvement,  as  may  be  directed  by 
such  city  council,  but  in  no  case  shall  such  assessment  exceed 
one-half  of  one  per  cent,  on  the  property  assessed;  Provided, 
that  if  the  apportionment  is  according  to  frontage,  due  allow- 
ance may  be  made  in  case  of  corner  lots.  Such  city  council 
shall  appoint  three  commissioners,  reputable  citizens,  who  shall 
be  sworn  to  faithfully  and  impartially  execute  their  duties. 
Before  entering  upon  their  duties,  the  commissioners  shall  give 
at  least  six  days'  notice  in  some  newspaper  of  general  circu- 
lation in  such  city,  or  otherwise,  as  may  be  directed  by  such 
city  council,  to  all  persons  interested.  The  commissioners  shall 
assess  the  amount  according  to  the  apportionment  previously 
directed  by  such  city  council,  on  the  real  estate  benefited  by 
such  improvement.  When  the  commissioners  shall  have  com- 
pleted their  assessment  and  made  a  correct  copy  thereof,  they 
shall  deliver  the  same  to  the  city  recorder  of  such  city,  within 
thirty  days  after  their  appointment,  signed  by  all  the  commis- 
sioners. The  city  recorder  shall  cause  a  notice  to  be  published 
to  all  persons  interestei,  of  the  completion  of  the  assessment, 


SALT    LAKE    CITY    CHAETER    AND   AMENDMENTS.  51 

and  the  time  and  place  shall  be  designated  therein  when  such 
city  council  shall  hear  appeals  and  objections  and  correct  and 
affirm  said  assessment.  When  said  assessment  shall  have  been 
completed,  such  city  recorder  shall,  within  ten  days  thereafter, 
make  a  correct  tax  list,  which  shall  be  delivered  to  the  city 
collector  of  said  city,  or  any  other  authorized  agent  appointed 
by  such  city  council,  who  shall  immediately  proceed  to  colleet 
such  taxes,  with  the  same  authority,  and  in  like  manner,  as 
other  taxes  are  collected  in  such  city.  If  the  first  assessment 
prove  insufficient,  another  may  be  made  in  the  same  manner,  or, 
if  too  large  a  sum  shall  at  any  time  be  raised,  the  excess  shall 
be  refunded,  ratably,  to  those  by  whom  it  was  paid. 


§  106.  [SEC.  3.]  When  improvements,  of  the  kind  men- 
tioned in  the  preceding  section,  have  been  made  in  any  city, 
and  the  expense  thereof  has  been  paid  out  of  the  general  funds 
of  such  city,  or  the  obligation  therefor  has  been  incurred  'by  it, 
the  city  council  thereof  shall  cause  to  be  levied  and  collected  a 
sufficient  tax  on  the  real  estate  especially  benefited  by  any  such 
improvement  or  improvements,  for  the  purpose  of  reimbursing 
such  city  for  the  costs  thereof  ;  the  levy  and  collection  of  such 
tax  to  be  made  in  the  manner  provided  in  the  preceding  section. 

Lien  on  Real  Estate. 

§  107.  [SEC.  4.]  Every  assessment  made  in  accordance 
with  the  foregoing  provisions,  from  the  date  of  the  completion 
thereof,  shall  be  a  lien  upon  the  real  estate  upon  which  it  is 
levied. 

Fines  Paid  to  City— Imprisonment  in  Jail. 

§  108.  [SEC.  5.]  That  in  convictions  for  misdemeanor, 
(as  defined  by  the  penal  code  of  Utah,  approved  February  18, 
1876,)  committed  within  the  limits  of  any  city,  where  the  arrest 
is  made  by  an  officer  of  such  city,  the  fines  accruing  therefrom 
shall  be  paid  into  the  treasury  of  said  city,  and  the  imprison- 
ment shall  be  in  the  city  jail  thereof,  or  in  the  county  jail,  at  the 
expense  of  such  city. 


52  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

City  Officers,  How  Elected. 

§  109.  [SEC.  6.]  All  city  recorders,  treasurers,  mar- 
shals, and  assessors  and  collectors,  shall  be  elected  by  the 
people  in  the  same  manner  and  for  the  same  term  as  members 
of  the  city  council  are  elected. 

When  Councilman  Shall  \oi  Hold  Office. 

§  110.  [SEC.  7.]  No  member  of  any  city  council  shall 
hold  or  be  appointed  to  any  office  which  shall  have  been 
created,  or  the  salary  or  emoluments  of  which  shall  have  been 
increased  while  he  was  a  member,  during  the  term  for  which  he 
was  elected  and  for  one  year  after  the  expiration  of  such  term. 

[Approved  February  22, 1878.] 


AN  ACT  PROVIDING  FOE  THE  REGISTRATION  OF 
VOTERS,  AND  TO  FURTHER  REGULATE  THE 
MANNER  OF  CONDUCTING  ELECTIONS  IN  THIS 
TERRITORY.* 

APPROVED  FEBRUARY  2£,  1878. 


Municipal  Elections. 

§  111.  [SEC.  24.]  The  judges  of  election  shall  receive  for 
their  services  three  dollars  per  day;  and  thirty  cents  per  hour 
for  all  services  rendered  in  canvassing  votes.  All  municipal 
elections  shall  be  held  and  conducted,  and  the  returns  and  can-, 
vass  of  votes  thereof  made,  substantially  in  accordance  with  the 
provisions  of  this  act;  and  it  shall  be  the  duty  of  the  city  coun- 
cils of  their  respective  cities  to  provide  for  the  registering  of 
voters  and  the  appointment  or  election  of  all  officers  necessary, 
and  to  furnish  all  necessary  appliances  for  the  carrying  out  of 
the  provisions  of  this  section  ;  and  to  aid  them  therein,  the 
clerk  of  the  county  court,  on  the  demand  of  the  recorder  of  any 
municipal  corporation,  shall,  on  payment  of  the  proper  fees, 
furnish  a  certified  copy  of  the  registry  list  of  voters  of  any  pre- 
cinct, or  part  thereof,  within  any  such  municipality. 

*8ee  Compiled  Laws  of  Utah,  1888. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  53 

AN     ACT     AMENDING     THE     CHAETEK     OF    SALT 

LAKE  CITY. 

APPROVED  FEBRUARY  20,  1880. 


City  Council  May  Borrow  $25O,OOO  for  Canal. 

§  112.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  That  sections 
60  and  63  of  an  act  entitled  "An  act  incorporating  Salt  Lake 
City,"  approved  Jamiary  20,  1860,  are  hereby  so  amended  that 
the  city  council  thereof,  in  addition  to  the  powers  therein  con- 
ferred, may,  for  the  purpose  of  procuring  money  wherewith  to 
construct  a  canal  and  other  works,  by  means  of  which  to  supply 
the  inhabitants  of  said  city  with  water,  borrow  money  to  an 
amount  not  to  exceed  the  sum  of  $250,000,  either  by  the  issue 
of  coupon  bonds  or  other  negotiable  securities,  as  said  council 
shall  deem  most  conducive  to  the  interests  of  said  city,  although 
the  interest  on  the  money  thus  obtained,  together  with  that 
upon  the  aggregate  of  all  the  sums  borrowed  by  said  city  and 
outstanding,  may  exceed  one-fourth  of  the  city  revenue  arising 
from  taxes  assessed  within  the  corporation  during  the  year  next 
preceding  the  date  of  making  such  loan  or  the  issuing  of  said 
bonds  or  other  securities;  Provided,  such  indebtedness,  bonded 
or  otherwise,  shall  not  be  incurred  unless  at  a  special  election 
called  for  that  purpose,  by  resolution  of  the  city  council,  after 
fifteen  days'  public  notice,  stating  distinctly  the  purpose  and 
object  for  which  such  indebtedness  shall  be  incurred,  the  regis- 
tered voters  of  said  city,  as  registered  for  the  regular  municipal 
election  next  preceding  said  special  election,  by  at  least  a  two- 
thirds  majority  vote  cast  at  such  election,  shall  determine  in 
favor  of  incurring  such  indebtedness.  Nor  shall  the  city  coun- 
cil sell  the  bonds  of  said  city  below  the  par  value  thereof,  nor 
issue  bonds  or  other  negotiable  securities  for  a  period  of  time 
exceeding  fifteen  years.  The  city  council  may  provide  by  ordi- 
nance for  holding  special  elections  in  said  city,  and  the  manner 
in  which  they  shall  be  conducted  and  the  returns  and  canvass  of 
votes  thereof  made. 


54  SALT   LAKE   CITY   CHAKTEB   AND   AMENDMENTS. 

Sinking  Fund  Provided  For. 

§  113.  [SEC.  2.]  The  city  council  of  said  city  shall  set 
apart,  every  six  months,  out  of  the  revenue  of  said  city,  a  sum 
not  less  than  one-fifth  of  the  entire  revenue  thereof,  as  deter- 
mined by  the  amount  of  revenue  collected  during  the  preceding 
six  months,  as  a  sinking  fund  for  the  payment  of  the  interest 
and  principal  of  the  indebtedness  hereinbefore  authorized,  as 
the  same  shall  become  due.  Said  sinking  fund  to  be  held  and 
payments  therefrom  made  in  such  manner  as  the  city  council 
may  by  resolution  provide. 

Amending  Section  62  of*  Charter. 

§  114.  [S£C.  3.]  That  section  62  of  said  act  incorporat- 
ing Salt  Lake  City  is  hereby  amended  by  adding  the  following 
thereto  :  "The  taxes  thus  levied  shall  attach  to  and  constitute  a 
lien  on  the  property  assessed  from  the  day  of  assessment  until 
paid." 

Sidewalks— Opium— Eminent  Domain— Recorder's  Dep- 
uty. 

§115.  [SEC.  4.]  The  city  council  of  said  city  is  hereby 
empowered  to  provide  by  ordinance  and  enforcement  thereof: 

First — To  compel  the  inhabitants  thereof  to  keep  the  side- 
walks in  front  of  their  premises  free  from  stones,  snow,  ice, 
overhanging  branches  of  trees  and  other  obstructions,  and  to 
keep  such  sidewalks  in  repair. 

Second — To  regulate,  control  or  prohibit  the  smoking  of 
opium  or  inhaling  of  the  fumes  thereof,  the  sale  of  opium  for 
such  purposes,  and  to  suppress  opium  smoking  houses. 

Third — That  private  property  may  be  taken  for  the  open- 
ing, widening  or  altering  of  any  public  canal  or  water  ditch,  in 
the  same  manner  as  provided  in  sections  76  and  77  of  the  before 
named  act  incorporating  said  city;  for  taking  private  property 
for  opening,  widening  or  altering  any  public  street,  lane,  avenue 
or  alley. 

Fourth—  To  authorize  the  recorder  of  said  city  to  appoint  a 
deputy  and  to  define  his  duties. 


SALT   LAKE  CITY   CHAKTER   AND   AMENDMENTS.  55 

Section  65  of  Charter  Amended. 

§  116.  [SEC.  5.]  That  so  much  of  section  65  of  said  act 
incorporating  Salt  Lake  City  as  requires  that  "the  annual 
"assessment  rolls  shall  be  returned  by  the  assessor  on  or  before 
the  first  Monday  of  April  in  each  year,"  is  hereby  repealed,  and 
the  following  substituted  in  its  place:  "  The  annual  assessment 
roll  shall  be  returned  by  the  assessor  on  or  before  the  first 
Tuesday  of  July  in  each  year." 

[Approved  February  20,  1880.] 


AN  ACT  AMENDING  AN  ACT  AMENDING  THE 
CHARTERS  OF  INCORPORATED  CITIES,  AP- 
PROVED FEBRUARY  22,  1878. 

APPROVED  FEBRUARY  20,  1880. 


Amendment. 

§  117.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  That  section 
2  of  "An  act  amending  the  charters  of  incorporated  cities," 
approved  February  22,  1878,  is  hereby  amended  by  striking  out 
all  the  words  from  the  word  "and,"  in  the  twenty-second  line,  to 
the  word  "assessed,"  inclusive,  in  the  twenty-sixth  line,  and  in- 
serting the  following  in  lieu  thereof  :  "In  proportion  to  the  ben- 
efits respectively  resulting  thereto  by  virtue  of  such  improve- 
ment, as  may  be  directed  by  such  city  council,"  and  by  inserting 
after  the  words  "such  city,"  in  the  fifty-sixth  line  of  said  sec- 
tion, the  words  :  Provided,  That  in  no  case  shall  more  than 
fifty  per  cent,  of  any  tax  assessed  under  this  act  b6  collected  in 
any  one  year. 

Amendment. 

§  118.  [SEC.  2.]  That  section  3  of  the  before  mentioned 
act  is  hereby  amended  by  striking  out  the  word  "when,"  at  the 
commencement  of  said  section,  and  inserting  the  word  "where" 
in  lieu  thereof. 

[Approved  February  20,  1880.] 


56  SALT   LAKE   CITY   CHAETEE   AND    AMENDMENTS. 

AN  ACT  TO  PROVIDE  FOR  THE  RIGHT  OF  WAY  FOR 
CANALS  FOR  SALT  LAKE  CITY. 

APPEOVED  FEBBUABY  20,  1880. 


Power  to  Construct  Canals,  etc. 

§  119.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  That  the  cor- 
poration of  Salt  Lake  City  is  hereby  empowered  to  supply  its 
inhabitants  with  water,  and  for  that  purpose  to  construct  and 
maintain  such  canals,  ditches,  flumes,  dams,  reservoirs  and  other 
means  for  procuring,  diverting  and  conveying  water  as  may  be 
necessary,  although  the  same  may  be  or  extend  beyond  the  cor- 
porate limits  of  said  city. 

Proceedings  to  Secure  Right  of  Way. 

§  120.  [SEC.  2.]  Whenever  said  city  shall  not  have  ac- 
quired, by  gift  or  purchase,  any  land,  real  estate  or  claim  neces- 
sary for  the  construction  or  maintenance  of  such  canal,  ditch, 
flume,  reservoir  or  dam,  or  other  means  of  storing,  diverting  and 
conveying  water,  or  which  may  be  affected  by  any  operations 
connected  with  the  construction  or  maintenance  of  the  same,  the 
said  corporation  may  present  to  the  judge  of  the  district  court 
of  the  judicial  district  wherein  such  lands,  real  estate  or  claims 
shall  be  situated,  a  petition  signed  by  the  mayor,  attorney  or 
agent  of  the  same,  describing  with  convenient  accuracy  and  cer- 
tainty, by  maps  or  otherwise,  the  lands,  real  estate  or  claims  so 
required  to  be  taken  or  affected,  as  aforesaid,  setting  forth  the 
purpose  for  which  said  land  is  required,  the  name  and  residence 
of  each  owner  or  other  person  interested  therein  as  owner, 
lessee  or  incumbrancer,  as  far  as  known,  to  such  mayor,  attor- 
ney or  agent,  or  appearing  of  record  upon  local  or  county  rec- 
ord, and  praying  the  appointment  of  three  appraisers  to  ascer- 
tain the  compensation  to  be  made  to  such  owner  and  person 
interested,  for  the  taking  or  injuriously  affecting  such  land,  real 
estate  or  claims  as  aforesaid. 


SALT   LAKE  CITY   CHARTER   AND   AMENDMENTS.  57 

Court  to  Hear  Parties  Interested. 

§  121.  [SEC.  3.]  The  said  judge  shall  have  satisfactory 
evidence  that  notice  of  an  intended  application,  and  the  time 
and  place  thereof,  for  the  appointment  of  appraisers  between 
said  corporation  and  the  owners  and  the  persons  interested  in 
such  lands,  real  estate  and  claims,  has  been  given,  at  least  ten 
days  previously,  to  such  owners,  personally  or  at  their  residence, 
or  on  the  premises,  or  by  the  publication  thereof  in  a  news- 
paper having  general  circulation  in  the  district  in  which  such 
lands,  real  estate  or  claims  shall  be  situated,  such  publication 
to  be  allowed  only  in  respect  to  owners  or  persons  interested, 
who  shall  appear  by  affidavit  to  have  no  residence  in  the  county 
known  to  such  mayor,  attorney  or  agent,  which  notice  shall  be 
published  at  least  thirty  days  prior  to  the  time  fixed  for  the 
application  aforesaid.  The  court  may  adjourn  the  proceedings 
from  time  to  time ;  shall  direct  any  future  notice  thereof  to  be 
given  that  may  seem  proper  ;  shall  have  proofs  and  allegations 
of  all  parties  interested,  touching  the  regularity  of  the  pro- 
ceedings, and  shall,  by  an  entry  in  its  minutes,  appoint  three 
disinterested  appraisers,  as  aforesaid,  specifying  in  such  entry 
a  time  and  place  for  the  first  meeting  of  such  appraisers. 

Duty  of  Appraisers. 

§  122.  [SEC.  4.]  The  said  appraisers,  before  entering 
upon  the  duties  of  their  offices,  shall  take  an  oath  to  faithfully 
and  impartially  discharge  their  duties  as  said  appraisers,  and 
any  one  of  them  may  administer  oaths  to  witnesses  produced 
before  them  ;  they  may  issue  subpoenas,  and  compel  witnesses 
to  attend  and  testify,  and  may  adjourn  and  hold  meetings  for 
that  purpose,  and  shall  give  reasonable  previous  notice  to  such 
owners  or  parties  interested.  They  shall  hear  the  proofs  and 
allegations  of  the  parties,  and  any  two  of  them,  after  reviewing 
the  premises,  shall,  without  fear,  favor  or  partiality,  ascertain 
and  certify  the  compensation  proper  to  be  made  to  said  parties 
or  owners  interested,  for  the  lands,  real  estate  or  claims,  to  be 
taken  or  affected,  as  well  as  all  damages  accruing  to  the  owners 
or  parties  interested  in  consequence  of  the  condemnation  of  the 
same,  taking  ^r  injuriously  affecting  as  aforesaid,  making  such 


« 


58  SALT   LAKE   CITY  CHARTER  AND   AMENDMENTS. 

deduction  or  allowances  for  the  real  benefits  or  advantages 
which  such  owners,  or  parties  interested,  may  derive  from  the 
construction  of  such  canal,  ditch,  flume,  dam  or  reservoir,  or 
other  means  of  diverting  or  conveying  water.  They,  or  a  ma- 
jority of  them,  shall  make,  subscribe  and  file  in  the  office  of  the 
clerk  of  the  district  court  of  the  district  in  which  such  lands, 
real  estate  or  claims  shall  lie,  a  certificate  of  the  said  ascertain- 
ment and  assessment,  in  which  such  lands,  real  estate  or  claims 
shall  be  described  with  convenient  certainty  and  accuracy. 

How  Title  Passes  By  Record. 

§  123.  ,  [SEC.  5.]  The  said  judge,  upon  such  certificate 
and  due  proof  that  such  compensation  and  separate  sums,  if  any 
be  certified,  have  been  paid  to  the  parties  entitled  to  the  same, 
or  have  been  deposited  to  the  credit  of  such  parties  with  the 
clerk  of  the  court,  or  other  place  for  that  purpose,  approved  by 
the  court,  shall  make  and  cause  to  be  entered  in  its  minutes,  a 
rule  describing  such  lands,  real  estate  or  claims,  in  manner 
aforesaid  ;  such  ascertainment  of  compensation,  with  mode  of 
making  it,  and  each  payment  or  deposit  of  the  compensation  as 
aforesaid,  a  certified  copy  of  which  shall  be  recorded  and  indexed 
in  the  recorder's  office  of  the  proper  county,  in  like  manner  and 
with  like  effect  as  if  it  were  a  deed  of  conveyance  from  the  said 
owners  and  parties  interested  to  the  said  corporation.  Upon 
the  entry  of  each  rule  the  said  corporation  shall  have  exclusive 
right,  title  and  possession  of  all  such  lands,  real  estate  or  claims 
described  in  said  rule,  as  required  to  be  taken  as  aforesaid,  and 
may  take  possession  of  and  hold  and  use  the  same,  for  the  pur- 
pose of  such  canal,  ditch,  flume,  dam  or  reservoir,  or  other 
means  of  storing,  diverting  and  conveying '  water,  and  shall 
thereupon  be  discharged  from  all  claims  for  any  damage  by 
reason  of  any  matter  specified  in  such  petition,  certificate  or  rule 
of  said  district  court. 

Compensation  of  Appraisers. 

§  124.  [SEC.  6.]  If  at  any  time  after  an  attempted  or 
actual  ascertainment  of  compensation  under  this  act,  or  any 
purchase  by  or  donation  to  said  corporation  of  lands  or  claims 
for  purposes  aforesaid,  it  shall  appear  that  the  title  acquired 


SAIT    LAKE   CITY    CHARTER   AND   AMENDMENTS.  59 

thereby  to  all  or  any  part  of  such  land,  for  the  use  of  said  cor- 
poration, or  if  said  assessment  shall  fail  or  be  deemed  defective, 
the  said  corporation  shall  proceed  and  perfect  such  title  by 
procuring  an  assessment  of  the  compensation  proper  to  be  made 
to  any  person  who  has  title,  claim  or  interest  in,  or  lien  upon 
such  lands  and  by  making  payment  thereof  in  the  manner  herein- 
after provided,  as  near  as  may  be,  and  at  any  stage  of  such  new 
proceedings,  or  of  any  proceedings  under  this  act,  the  said  judge 
may,  by  rule  in  that  behalf  made,  authorize  the  said  corpora- 
tion, if  already  in  possession,  and  if  not  in  possession,  to  take 
possession  of  and  use  said  premises  during  the  pendency,  and 
until  the  final  conclusion  of  such  proceedings,  and  may  stay 
all  actions  and  proceedings  against  such  corporations  on  account 
thereof;  Provided,  said  corporation  shall  pay  a  sufficient  sum 
into  court,  or  give  approved  security  to  pay  the  compensation 
in  that  behalf  when  ascertained,  and  in  every  case  when  posses- 
sion shall  be  so  authorized,  it  shall  be  lawful  for  the  owners  to 
conduct  the  proceedings  to  a  conclusion,  if  the  same  shall  be 
delayed  by  the  corporation .  The  said  appraisers  shall  receive 
five  dollars  per  day  as  compensation  for  each  day  actually  em- 
ployed, such  compensation  to  be  taxed  and  allowed  by  the  said 
judge.  If  any  appraiser  so  appointed  shall  die,  be  unable  or 
fail  to  serve,  the  court  may  appoint  another  in  his  place,  on 
reasonable  notice,  or  the  parties  by  written  agreement  may 
appoint  another,  to  be  approved  by  the  said  judge. 
[Approved  February  20,  1880.] 


AN  ACT  AMENDING  THE  CHABTEK  OF  SALT  LAKE 

CITY. 

APPROVED  JANUARY  20,  1882. 


Power  to  License  Liquor  Selling,  etc. 

§  125.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah :  That  the  city 
council  of  Salt  Lake  City  is  hereby  empowered  by  ordinance- 


*60  SALT   LAKE   CITY   CHAKTER  AND   AMENDMENTS. 

.and  enforcement  thereof,  to  license,  tax  and  regulate  the  manu- 
facturing, selling,  giving  away,  or  in  any  other  manner  dispos- 
ing of  spirituous,  vinous  or  malt  liquors,  and  the  persons  who 
engage  therein;  to  restrain,  prohibit  and  punish  the  manufac- 
turing, selling,  giving  away,  or  in  any  other  manner  disposing 
of  spirituous,  vinous  or  malt  liquors,  without  a  license  therefor, 
•or  contrary  to  the  terms  of  a  license  granted  to  exercise  said 
powers,  conjointly  or  separately;  to  prohibit  the  selling,  giving 
away,  or  in  any  manner  disposing  of  spirituous,  vinous  or  malt 
liquors,  upon  Sundays,  public  holidays  and  election  days  ;  to 
.adopt  and  employ  proper  and  convenient  means  for  carrying  the 
same  into  effect;  to  have  the  power  to  require  the  payment  in 
advance,  into  the  city  treasury,  for  purposes  of  revenue,  for 
•each  and  every  license  granted  for  the  manufacturing,  selling, 
or  otherwise  disposing  of  such  liquors,  a  sum  not  exceeding  at 
the  rate  of  twelve  hundred  dollars  per  annum. 
[Approved  January  20,  1882.] 


AN  ACT  PROVIDING  FOR  THE  APPOINTMENT  OF 
JUSTICES  OF  THE  PEACE  IN  CASE  OF 
VACANCIES. 

APPROVED  FEBRUARY  23,  1882. 


Vacancies— How  Filled. 

§  126.  [SEC.  2.]  That  in  case  of  a  vacancy  in  the  office 
of  mayor,  alderman  or  any  city  justice  of  any  incorporated  city 
in  this  Territory,  the  city  council  of  such  city  is  hereby  author- 
ized and  empowered  to  fill  such  vacancy  by  appointment  until 
the  next  general  municipal  election. 

SEC.  3.  All  laws  and  parts  of  laws  conflicting  with  this 
.act  are  hereby  repealed. 


SALT   LAKE   CITY   CHARTER   AND    AMENDMENTS.  61 


AN  ACT  KELATING   TO  LIQUOR  LICENSES. 


Sale  Without   License  Forbidden. 

§  127.  [SEC.  1.]  No  person  shall  manufacture,  sell,  barter,, 
deal  out  or  otherwise  dispose  of  any  spirituous,  vinous,  malt 
or  other  intoxicating  liquors,  without  first  obtaining  from  the- 
county  court  of  the  county,  or  city  council  of  the  city,  in  which 
he  intends  to  do  business,  a  license  therefor,  as  hereinafter  pro- 
vided. 

[March  9;  1882.] 

City  Council  May  Issue  Licenses. 

§  128.  [SEC.  2.]  The  county  courts  in  their  respective' 
counties,  and  the  city  councils  in  their  respective  cities,  are 
hereby  authorized  to  grant  licenses,  as  contemplated  in  section 
1  of  this  act,  to  any  person  over  the  age  of  twenty-one  years, 
upon  an  application  being  made  for  such  license,  by  petition 
signed  by  the  applicants  and  filed  with  the  county  clerk  or  the 
city  recorder,  as  the  case  may  be.  Said  petition  must  state 
definitely  the  particular  place  at  which  any  of  the  liquors  named 
in  section  1  of  this  act  are  intended,  to  be  manufactured,  sold, 
bartered,  dealt  out  or  otherwise  disposed  of,  whether  he  intends 
to  carry  on  a  retail  or  wholesale  business.  Before  granting  to 
the  applicant  a  license,  he  shall  execute  a  bond  to  the  county  or 
city,  as  the  same  may  be,  conditioned  that  during  the  continu- 
ance of  his  license  he  will  keep  an  orderly  and  well-regulated 
house;  that  he  will  not  allow  gambling  with  cards,  dice  or  any 
other  device  or  implements  used  in  gambling,  within  his  house, 
outhouse,  yard  or  other  premises  under  his  control ;  that  he  will 
pay  all  damages,  fines  and  forfeitures  which  may  be  adjudged 
against  him  under  any  of  the  provisions  of  this  act.  Said  bond 
shall  be  fixed  by  the  county  court  or  the  city  council,  as  the 
case  may  be,  in  any  sum  not  less  than  one  hundred  dollars,  nor 
more  than  one  thousand  dollars,  with  two  or  more  sureties,  to- 
be  approved  by  said  judge  or  mayor.  Said  sureties  must  justify 
on  oath  before  some  officer  authorized  to  administer  oaths,  that 
they  are  residents  within  the  Territory,  and  worth  the  amount 
justified  to,  over  and  above  all  other  debts  and  liabilities,, 
exclusive  of  property  exempt  from  execution.  Such  justifica- 


62  SALT   LAKE   CITY   CHAETEE   AND   AMENDMENTS. 

tions  shall  be  in  writing,  signed  by  the  persons  justifying,  and 
certified  to  by  the  officer  who  administers  the  oath,  and  attached 
to  and  filed  with  the  bond. 

[March  9,  1882;    February  29,1884.] 

Uniform  in  Amount— License  May  Be  Refused. 

§  129.  [SEC.  3.]  The  county  court  or  city  council,  as  the 
case  may  be,  after  the  petition,  statement  and  bond  have  been 
filed  as  required  in  the  preceding  section,  shall  determine  the 
amount  to  be  paid  for  the  license  prayed  for,  which  shall  be  at 
the  rate  of  not  less  than  six  hundred,  nor  more  than  twelve  hun- 
dred dollars  for  the  period  of  one  year  ;  but  licenses  of  the  same 
classes  of  business  shall  be  uniform  in  amount  in  such  city  or 
county.  Said  court  or  council,  as  the  case  may  be,  shall  also 
determine  the  time  for  which  the  license  shall  be  granted,  but 
no  license  shall  be  issued  for  a  longer  period  than  one  year,  nor 
for  a  less  period  than  three  months.  Provided,  that  any  ap- 
plication for  such  license  may  be  refused  for  good  cause,  in  the 
discretion  of  the  city  council  or  county  court,  and  that  no  such 
license  shall  be  granted  to  any  establishment,  except  a  hotel, 
located  within  three  hundred  feet  of  any  church  or  public  school 
building  being  used  for  that  purpose,  or  within  fifty  feet  of  any 
theatre,  variety  theatre,  concert  hall,  or  any  like  place  of  amuse- 
ment; and,  provided  further,  that  no  saloon,  tippling  house  or 
dram  shop  shall  have  or  keep  in  connection  with,  or  as  part  of, 
such  saloon,  tippling  house  or  dram  shop  any  wine  room  or 
other  place,  either  with  or  without  door  or  doors,  curtain  or  cur- 
tains, or  screen  of  any  kind,  into  which  any  female  person  shall 
be  allowed  to  enter  from  the  outside,  or  from  such  tippling 
house  or  dram  shop,  and  there  be  supplied  with  any  kind  of 
liquor  whatsoever. 

[March  8,  1888  ;  March  10,  1892.] 

Money  Paid  in  Advance— Recorder  to  Issue. 

§130.  [SEC.  4]  The  amount  as  determined  by  the  county 
-court  or  city  council  must  be  paid  into  the  county  or  city  treas- 
ury, as  the  case  may  be,  by  the  applicant,  who,  upon  receiving 
the  treasurer's  receipt,  shall  present  the  same  to  the  clerk  of  the 


SALT    LAKE   CITY   CHARTEK    AND   AMENDMENTS.  63 

county  court  or  the  city  recorder.  The  county  clerk  or  city 
recorder  shall  thereupon  issue  to  the  applicant  a  certificate  of 
license,  which  certificate  must  state  the  name  of  the  person 
licensed,  the  place  of  business,  the  kind  or  kinds  of  liquors  to 
be  manufactured,  sold,  bartered  or  otherwise  disposed  of,  the 
date  of  commencement  and  expiration  of  such  license,  whether 
it  is  for  a  retail  or  wholesale  business,  that  the  person  named 
therein  is  duly  authorized  to  carry  on  the  business  of  manufac- 
turing, selling,  bartering  or  otherwise  disposing  of  intoxicating 
liquors  at  the  place  and  for  the  time  therein  specified,  and  that 
the  license  is  not  transferable.  Said  certificate  shall  be  signed 
by  the  county  clerk  or  city  recorder,  as  the  case  may  be,  who 
shall  seal  the  same  with  the  seal  of  the  county  or  city. 
[March  8,  1888.] 

Penalty  for  Selling  to  Indians,  minors,  etc. 

§  131.  [SEC.  5.]  Any  person  who  shall  knowingly  give, 
sell  or  otherwise  dispose  of  any  intoxicating  drink  to  an  Indian, 
insane  or  idiotic  person,  and  any  person  licensed  as  hereinafter 
provided,  or  any  other  person  who  shall  for  compensation  know- 
ingly give,  sell  or  otherwise  dispose  of  any  intoxicating  drink 
to  any  minor,  or  who  shall  permit  any  of  said  persons  to  be  or 
remain  in  his  place  of  business  where  liquors  are  sold,  without 
the  written  consent  of  the  parents  or  guardian  thereof,  or  who 
shall  give,  sell,  or  otherwise  dispose  of  any  intoxicating  drink 
to  any  person  who  is  known  in  the  community  in  which  he 
resides  to  be  an  habitual  drunkard,  shall  be  guilty  of  a  mis- 
demeanor. 

[March  12,  1890.] 

Selling  on  Snuday — Gambling— Dancing,  etc. 

§  132.  [  SEC.  6.  ]  Any  person  licensed  as  aforesaid,  or  any 
person  neglecting  or  refusing  to  obtain  a  license,  as  herein 
provided,  who  shall  either 

1.  Sell,  give  away  or  otherwise  dispose  of  any  intoxicating 
drink  at  any  time  during  the  first  day  of  the  week,  commonly 
called  Sunday,  except  for  medical  purposes  upon  the  prescrip- 
tion of  a  physician;  or 


64  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

2.  Who  shall  permit  on  his  premises  where  such  intoxi- 
cating drink  is  sold,  any  gambling  by  means  of  dominoes,  cards, 
dice  or  other  articles,  or  any  other  description  of  gambling;  or 

3.  Who  shall   permit  dancing,   drunkenness,   sleeping  or 
lodging  in  the  night  time,  or  who  shall  permit  any  disorderly 
conduct  in  his  saloon  licensed  for  the  sale  of  liquors,  shall  be 
deemed  guilty  of  a  misdemeanor,  and  shall  be  punished   by  a 
fine  in  any  sum  less  than  three  hundred  dollars,  or  by  imprison- 
ment in  the  county  jail  not  exceeding  six  months,  or  by  both 
such   fine  and    imprisonment,  at   the   discretion  of  the   court. 

[March  11,  1886;  March  7,  1888.] 

Married  Women  May  Recover  Damages. 

§  133.  [  SEC.  7.  ]  It  shall  be  lawful  for  any  married  woman 
to  institute  and  maintain,  in  her  own  name,  a  suit  on  any  such 
bond  for  all  damages  sustained  by  herself  and  children,  or 
either,  on  account  of  such  traffic,  and  the  money,  when  collected, 
shall  be  paid  over  for  the  use  of  herself  and  children,  or  either. 

[March  9,  1882.] 

Bond  to  Be  Evidence. 

§  134.  [SEC.  8.]  On  the  trial  of  any  suit  on  such  bond,  a 
copy  thereof,  properly  authenticated,  shall  be  evidence  in  any 
court  in  this  Territory. 

[March  9,  1882.] 

When  Liquor  Bills  Cannot  be  Sued  For. 

§  135.  [SEC.  9.]  No  suit  for  liquor  bills,  when  sold  in 
less  quantity  than  five  gallons  at  one  time,  shall  be  maintained 
in  any  court  in  the  Territory,  and  when  it  shall  be  made  to  ap- 
pear that  any  promissory  note,  mortgage  or  other  obligation  on 
which  a  suit  is  pending  was  given  for  liquor  sold  in  less  quanti- 
ty than  five  gallons  at  one  sale,  such  suit  shall  be  dismissed  at 
the  cost  of  the  plaintiff,  except  such  sales  be  made  for  medical, 
mechanical  or  sacramental  purposes. 

[March  9,  1882.] 

Penalty  tor  Selling  Without  License. 

§  136.  [SEC.  10.]  Any  person  who  shall  sell  or  otherwise 
dispose  of,  for  gain,  upon  any  pretext  whatever,  malt,  spirituous 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  65 

or  vinous  liquors,  or  any  intoxicating  drink,  without  first  having 
complied  with  the  conditions  of,  and  obtained  a  license  as  set 
forth  in  this  act,  shall,  for  each  offense,  be  deemed  guilty  of  a 
misdemeanor,  and,  upon  conviction  thereof,  shall  be  fined  in  any 
sum  less  than  three  hundred  dollars,  or  be  imprisoned,  not  ex- 
ceeding six  months,  in  the  county  or  city  jail,  or  be  both  fined 
and  imprisoned,  and  shall  be  liable,  in  all  respects,  to  the  public 
and  to  individuals,  the  same  as  he  would  have  been  had  he  given 
bonds  and  obtained  a  license  as  herein  provided. 
[March  9,  1882.] 

When  Suits  May  be  Maintained. 

§  137.  [SEC.  11.]  All  suits  for  damages  or  expenses  aris- 
ing under  any  of  the  provisions  of  this  act,  may  be  commenced 
and  maintained  before  any  justice  of  the  peace  of  the  proper 
county  or  city,  when  the  amount  of  the  damages  claimed  is  less 
than  three  hundred  dollars,  although  the  penalty  in  the  bonds 
may  exceed  that  amount,  and  the  judgment  shall  be  for  the 
amount  of  damages  proved;  and  successive  suits  by  different 
persons  having  different  causes  of  action,  may  be  had  upon  the 
same  bond  until  the  aggregate  amounts  of  all  judgments  ren- 
dered thereon  equal  the  penalty  thereof. 

[March  9,  1882.] 

How  Penalty  May  be  Enforced. 

§  138.  [SEC.  12.]  In  all  judgments  or  convictions  of  any 
person  of  a  misdemeanor,  under  the  provisions  of  this  act,  the 
court,  in  its  discretion,  may  order  that  the  defendant,  in  default 
of  payment  of  the  fine  and  costs,  be  imprisoned  until  such  fines 
and  costs  are  paid,  said  imprisonment,  however,  not  to  exceed 
the  term  of  six  months  in  all;  or  may  order  that  executions 
issue  against  the  defendant  for  such  fine  and  cost,  and  should 
any  such  execution  be  returned  unsatisfied,  either  wholly  or  in 
part,  a  suit  may  be  maintained  upon  any  bond  that  said  de- 
fendant may  have  given  in  accordance  with  section  2  of  this  act. 

[March  9,  1882.] 

Municipal  Corporations  Not  Interfered  With. 

§  139.  [SEC.  13.]  No  provision  of  this  act  shall  be  so- 
construed  as  to  authorize  any  county  court  or  county  officer  to 

O 


66  SALT  LAKE  CITY  CHARTER  AND  AMENDMENTS. 

interfere  with  the  rights  granted  to  municipal  corporations  by 
their  several  charters,  and  the  amendments  thereto,  to  license, 
tax  and  regulate,  restrain  and  prohibit  the  manufacture,  selling 
or  in  any  other  manner  disposing  of  vinous,  spirituous  and  malt 
liquors,  within  the  corporate  limits,  or  to  prohibit  vine  growers 
without  a  license,  from  expressing  and  selling  on  the  premises 
where  expressed,  the  pure  juice  of  the  grape,  in  quantities  not 
less  than  five  gallons  to  one  person  at  one  time;  Provided, 
that  where  any  municipal  corporation  has  the  right  in  its  char- 
ter to  prohibit  the  manufacture,  sale  and  otherwise  disposing  of 
spirituous,  vinous  and  malt  liquors,  nothing  in  this  act  shall  be 
so  construed  as  to  impair  such  right. 
[March  9, 1882.] 

Selling  on  Election  Day— Council  May  Revoke. 

§  140.  [SEC.  1.]  It  shall  be  unlawful  for  any  jperson, 
either  licensed  or  unlicensed,  to  sell,  give  away  or  in  any  man- 
ner dispose  of,  directly  or  indirectly,  any  spirituous,  vinous  or 
other  intoxicating  liquors  on  any  part  of  any  day  set  apart  or  to 
be  set  apart  for  any  general  or  special  election  for  any  Territor- 
ial, county,  municipal,  district  or  precinct  officer,  except  district 
school  trustees,  in  any  election  precinct  or  district  in  any  of 
the  counties  or  municipalities  in  this  Territory,  except  for  med- 
ical purposes  upon  the  prescription  of  a  physician.  Any  person 
violating  the  provisions  o£  this  section  shall  be  guilty  of  a 
misdemeanor.  And  the  county  court  or  the  city  council  may 
revoke  any  licenses  granted  to  the  keepers  of  saloons,  tippling 
houses,  dram  shops,  or  for  the  selling  or  giving  away  of  any  in- 
toxicating drink  or  malt  liquors,  within  the  city  or  county, 
whenever,  in  the  judgment  of  the  court  or  city  council,  such  ac- 
tion may  be  necessary  to  the  peace  and  good  order  of  any  pre- 
cinct in  the  county  or  of  the  city. 

[March  6,  1888;  March  12,  1890;  March  10,  1892.] 

Physicians  Must  Certify  to  Prescriptions. 

§  141.  [SEC.  2.]  Any  physician  who  shall  issue  to  any 
person  a  prescription  to  obtain  any  intoxicating  liquors  at  any 
time  when  the  sale  or  disposal  thereof  shall  have  been  forbidden 
by  law,  shall  certify  on  said  prescription  that  the  health  of  the 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  67 

person  to  whom  the  prescription  is  issued  requires,  and  would 
be  promoted  by,  the  particular  kind  of  liquor  prescribed. 

Any  physician  who  shall  issue  any  prescription  for  intox- 
icating liquors  contrary  to  this  section  shall  be  guilty  of  a  mis- 
demeanor. 

[March  12,  1890.] 


AN  'ACT^  TO   EXTEND   THE    POWEES   OF  INCOEPO- 
EATED   CITIES. 

APPROVED  MARCH  1,  1884. 


City  Assessor  and  Collector. 

§  142.  Be  it  enacted  by  the  Governor  and  Legislative 
Assembly  of  the  Territory  of  Utah:  That  the  city  councils  of 
each  and  every  of  the  incorporated  cities  of  this  Territory  are 
hereby  authorized  and  empowered,  by  ordinance  and  enforce- 
ment thereof,  to  enforce  the  payment  of  all  city  taxes  by  levy 
and  sale  of  the  real  or  personal  property  of  any  delinquent  tax- 
payer, in  the  manner  provided  by  law  for  assessing  and  collect- 
ing Territorial  and  county  taxes  ;  the  city  assessors  and  collect- 
ors to  exercise  the  same  powers  within  their  several  jurisdic- 
tions as  are  exercised  by  county  assessors  and  collectors,  and 
any  city  taxes,  when  assessed,  shall  be  a  lien  on  the  property 
assessed  until  paid. 

[Approved  March  1,  1884. 


AN  ACT  AMENDING  "AN  ACT  INCOEPOEATING  SALT 
LAKE  CITY,"  APPEOVED  JANUAEY  20,  1860. 

APPROVED  MARCH  13,  1884. 


Billiard  Tables  and  Ten  Pin  Alleys. 

§  143.     [SEC.   1.]     Be    it  enacted  by  the   Governor   and 
Legislative  Assembly  of  the  Territory  of  Utah:    That  the  city 


68  SALT   LAKE   CITY   CHAETEB   AND   AMENDMENTS. 

council  of  Salt  Lake  City  be  and  is  hereby  authorized  and  em- 
powered by  ordinance  and  the  enforcement  thereof  :  First — To 
license,  tax  and  regulate  the  use  of  billiard  or  pool  tables  and 
prohibit  the  use  of  all  kinds  of  tables  in  any  public  place  in  the 
city  on  which  gaming  for  money  or  the  representative  thereof 
is  allowed,  and  to  punish  the  owners  and  keepers  of  said  tables 
for  the  violations  of  any  ordinance  of  the  city.  Second — To 
license,  tax  and  regulate  the  use  of  nine  or  ten  pin  alleys  and 
all  kinds  of  ball  and  pin  alleys  and  the  runways  thereof  in  any 
public  place  in  said  city,  in  or  on  which  games  are  played  ;  and 
to  punish  the  owners  and  keepers  of  such  alleys  and  runways 
to  be  used  for  the  playing  of  games  therein  and  thereon  con- 
trary to  any  ordinance  of  said  city  ;  licensing  or  regulating 
their  use  for  such  purposes,  and  the  playing  of  all  games  on 
such  tables  and  in  such  alleys  and  on  the  runways  of  such  alleys, 
shall  be  deemed  to  be  by  and  with  the  consent  and  permission 
of  the  owners  and  keepers  thereof  ;  Provided,  that  the  fee  for 
such  license  shall  in  no  case  exceed  fifty  dollars  per  annum  for 
each  of  such  tables,  nor  fifty  dollars  for  each  runway  of  such 
alleys,  nor  be  less  than  twenty-five  dollars  per  annum  for  each 
table  and  runway  as  aforesaid. 

To  Prohibit  Gaming.  , 

§  144.  [  SEC.  2.  ]  To  prohibit  the  playing  of  any  game  for 
money  or  other  property  or  thing  representing  money  or  other 
property  ;  and  to  punish  all  persons  who  shall  play  at  any  game 
for  money  or  other  property  or  thing  representing  money  or 
other  property. 

Police— Regular  and  Special. 

§  145.  [SEC.  3.]  The  mayor  of  Salt  Lake  City  shall  have 
power  to  appoint,  by  and  with  the  advice  and  consent  of  the 
city  council,  the  regular  police  of  said  city  to  the  number  which 
may  from  time  to  time  be  prescribed  by  the  city  council,  and  to 
remove  the  same  at  pleasure.  He  shall  also  have  power  to 
appoint  special  police,  when,  in  his  judgment,  the  public  good 
may  require  such  action;  Provided,  That  such  special  police 
shall  not  be  appointed  for  a  longer  period  than  ten  days  without 
the  consent  of  the  city  council. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  69 

Females  in  Saloon*. 

§  146.  [SEC.  4.]  To  prohibit  the  employment  of  any 
female  to  serve  in  the  selling,  giving  away  or  other  disposition 
or  delivery  of  spirituous,  vinous  and  malt  liquors  in  any  saloon 
or  place  in  said  city  in  which  such  liquors  or  any  of  them  are 
so  disposed  of  or  delivered  to  be  drunk  on  the  premises  where 
so  sold  or  otherwise  disposed  of,  and  to  punish  any  female  so 
employed  and  serving,  and  all  persons  by  whom  such  females 
are  employed. 

[Approved  March  13,1884.] 


AN  ACT  TO  AMEND  CHAPTER  X  OF  THE  LAWS  OF 

UTAH,  1884. 

APPROVED  MARCH  11,  1886. 


City  Charters  Amended. 

§  147.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  That  Chapter 
X  of  the  Laws  of  Utah,  1884,  be,  and  the  same  is  hereby 
amended,  by  adding  the  following  to  said  chapter,  to  be 
known  as  sections  2  and  3,  and  that  said  chapter  be  numbered 
section  1,  of  this  act. 

Power  to  Collect  Water  Tax. 

§  148.  [SEC.  2.]  The  city  councils  of  the  respective  cities 
of  this  Territory  shall  have  power  to  annually  assess,  collect 
and  expend  a  water  tax,  to  supply  the  city  with  water  for 
domestic  and  irrigating  purposes,  and  may  regulate  the  use  of 
water  for  manufacturing  purposes,  and  to  tax  individuals  for 
the  use  of  such  water,  in  proportion  to  the  water  used  by  each; 
Provided,  that  nothing  herein  shall  be  construed  to  interfere 
with  the  water  rights  accrued  by  priority  of  appropriation. 

Assault  and  Battery  and  Petit  Larceny. 

§  149.     [SEC.  3.]     To  provide  against,  by  ordinance,  and 
punish  offenses  of  assault  and  battery,  and  petit  larceny. 
[Approved  March  11,  1886.] 


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70  SALT   LAKE   CITY   CHARTER    AND   AMENDMENTS. 

AN  ACT  PROVIDING  FOR  THE  INCORPORATION  OF 

CITIES. 

APPROVED  MARCH  8,  1888. 


ARTICLE   IV. — OF   THE   POWER   OF   THE   CITY   COUNCIL. 


§  150.  [SEC.  1.]  The  city  council  shall  have  the  follow- 
ing powers: 

Finances. 

§  151.  [First]  To  control  the  finances  and  property  of 
the  corporation. 

Appropriate  Money— Boy  and  Sell  Property. 

§  152.  [Second.]  To  appropriate  money  for  corporate 
purposes  only,  and  provide  for  payment  of  debts  an<J  expenses 
of  the  corporation;  and  to  purchase,  receive,  hold,  sell,  lease, 
convey  and  dispose  of  property,  real  and  personal,  for  the  benefit 
of  the  city,  both  within  and  without  its  corporate  boundaries ;  to 
improve  and  protect  such  property,  and  to  do  all  other  things  in 
relation  thereto  as  natural  persons. 

To  Levy  and  Collect  Taxes. 

§  153.  [Third.]  To  levy  and  collect  taxes  for  general  and 
special  purposes  on  real  and  personal  property. 

Licenses. 

§  154.  [Fourth.]  To  fix  the  amount,  terms,  and  manner 
of  issuing  licenses. 

Buildings. 

§  155.  [Fifth.]  To  erect  all  needful  buildings  for  the  use 
of  the  city. 

Borrow  Money — Issue  Bonds— Sinking  Funds. 

§  156.  [Sixth.]  To  borrow  money  on  the  credit  of  the 
corporation  for  corporate  purposes,  and  issue  the  bonds  there- 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  71 

for  in  such  amounts  and  form,  and  on  such  conditions  as  it  shall 
prescribe,  but  shall  not  become  indebted  in  any  manner  or  for 
any  purpose  to  any  amount,  including  the  existing  indebted- 
ness, in  the  aggregate  to  exceed  four  per  centum  on  the  value 
of  the  taxable  property  therein,  to  be  ascertained  by  the  last 
assessment  for  the  Territorial  and  county  taxes  previous  to  the 
incurring  of  such  indebtedness,  and  shall  provide  for  the  pay- 
ment of  the  interest  on  said  bonds,  as  the  same  shall  become 
due,  and  for  a  sinking  fund  for  the  payment  of  the  principal  of 
said  bonds,  within  twenty  years  after  contracting  the  same. 

maturing  Bonds. 

§  157.  [  Seventh.  ]  To  issue  bonds  in  place  of,  or  to  sup- 
ply means  to  meet  maturing  bonds,  or  for  the  consolidation  or 
funding  of  the  same. 

Streets,  Parks  and  Public  Grounds. 

§  158.  [Eighth.]  To  lay  out,  establish,  open,  alter,  widen, 
extend,  grade,  pave,  or  otherwise  improve  streets,  alleys,  ave- 
nues, sidewalks,  parks  and  public  grounds,  and  vacate  the 
same. 

Planting  Shade  Trees. 

§  159.  [Ninth.]  To  plant  or  direct  and  regulate  the 
planting  of  ornamental  and  shade  trees  in  such  streets,  avenues, 
sidewalks,  parks  and  public  grounds. 

Regulate  Use  of  Streets,  etc. 

§  160.  [Tenth.]  To  regulate  the  use  of  streets,  alleys, 
avenues,  sidewalks,  crosswalks,  parks  and  public  grounds. 

Prevent  Obstructions  on  Streets,  etc. 

§161.  [Eleventh.]  To  prevent  and  remove  obstructions 
and  encroachments  upon  the  same. 

Lighting,  Sprinkling  and  Cleaning  Streets,  etc. 

§  162.  [Twelfth.]  To  provide  for  the  lighting,  sprinkling 
and  cleaning  of  the  same. 


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72  SALT   LAKE   CITY   CHARTER    AND    AMENDMENTS. 

Openings  in  Streets— Gas  and  Electric  Lights. 

§163.  [Thirteenth.]  To  regulate  the  opening  therein  for 
the  laying  of  gas  or  water  mains  and  pipes,  and  the  building 
and  repairing  of  sewers,  tunnels,  drains  and  erecting  gas  or 
electric  lights;  Provided,  that  any  company  heretofore  organ- 
ized under  the  general  laws  of  this  Territory,  or  any  association 
of  persons  organized  for  the  purpose  of  manufacturing  illumi- 
nating gas,  or  electricity  to  supply  cities,  or  the  inhabitants 
'thereof,  with  the  same,  shall  have  the  right,  by  consent  of  the 
city  council  (subject  to  existing  right),  to  erect  gas  or  electric- 
light  works,  and  lay  down  pipes,  or  string  wires  on  poles  in  the 
streets  or  alleys  of  any  city  in  this  Territory,  subject  to  such 
regulations  as  such  city  may  by  ordinance  impose. 

Waterworks,  Street  Railways..  Bath  Houses,  etc. 

§  164.  [Fourteenth.]  To  construct  and  maintain  water 
work's,  gas  works,  electric-light  works,  street  railways,  or  bath 
houses,  or  to  authorize  the  construction  and  maintenance  of  the 
same  by  others,  or  to  purchase  any  or  all  of  said  works  from 
any  person  or  corporation. 

Jurisdiction  Outside  City  Limits. 

§  165.  [Fifteenth.]  To  construct  or  authorize  the  con- 
struction of  water  works  without  their  limits,  and  for  the  pur- 
pose of  maintaining  and  protecting  the  same  from  injury  and 
the  water  from  pollution,  their  jurisdiction  shall  extend  over 
the  territory  occupied  by  such  works  and  all  reservoirs,  streams, 
canals,  ditches,  pipes  and  drains,  used  in  and  necessary  for  the 
construction,  maintenance  and  operation  of  the  same,  and  over 
the  stream  or  source  from  which  the  water  is  taken,  for  ten 
miles  above  the  point  from  which  it  is  taken;  and  to  enact  all 
ordinances  and  regulations  necessary  to  carry  the  power  herein 
conferred  into  effect. 

Control  Water  and  Water  Courses. 

§  166.  [Sixteenth.]  To  control  the  water  and  water 
courses  leading  to  the  city,  and  to  regulate  and  control  the  water 
courses  and  mill  privileges  within  the  city;  Provided,  that  the 


SALT  LAKE  CITY  CHARTER  AND  AMENDMENTS.       73 

control  shall  iiot  be  exercised  to  the  injury  of  any  rights  already 
-acquired  by  actual  owners;  and  to  levy  and  to  collect  taxes  upon 
all  taxable  real  and  personal  property,  not  to  exceed  one  per 
cent,  per  annum  for  the  purpose  of  furnishing  the  city  or  the  in- 
habitants thereof,  with  water  for  irrigating  and  other  purposes, 
and  to  regulate  and  control  the  same  for  the  use  and  benefit 
of  the  inhabitants  thereof;  and  may  assess,  collect  and  enforce 
the  payment  of  the  taxes  in  any  manner  provided  for  by  ordi- 
nance. 

Canals,  Springs,  Sources  of*  Water  Supply. 

§  167.  [Seventeenth.]  To  construct,  purchase  and  main- 
tain canals,  ditches  and  reservoirs;  and  to  purchase  springs, 
streams,  or  sources  of  water  supply,  for  the  purpose  of  provid- 
ing water  for  irrigation,  domestic  or  other  purposes;  and  if 
necessary  to  secure  said  sources  of  water  supply,  may  purchase 
the  land  upon  which  said  water  has  been  appropriated  or 
applied. 

Gas  and  Electric  Light  Privileges. 

§  168.  [Eighteenth.]  To  make,  contract  with,  and  author- 
ize any  person,  company,  or  association  to  construct  gas  works, 
electric  or.  other  light  works  in  said  city,  and  give  such  persons, 
company  or  association  the  privilege  of  furnishing  light  for  the 
public  buildings,  streets,  sidewalks,  and  alleys  of  said  city,  for 
any  length  of  time  not  exceeding  three  years. 

Regulating  Prices  of  Gas,  Etc.— Poles  and  Wires. 

§  169.  [Nineteenth.]  To  provide  for  the  lighting  of 
streets,  laying  down  of  gas  pipes,  and  erecting  of  lamp  posts, 
and  to  regulate  the  sale  and  use  of  gas  and  electric  or  other 
lights,  the  charge  therefor,  and  the  rent  of  gas  meters  within 
the  city,  and  to  regulate  the  inspection  thereof,  to  prohibit  or 
regulate  the  erection  of  telegraph,  telephone  or  electric  wire 
poles  in  the  public  grounds,  streets  or  alleys,  and  the  placing  of 
wires  thereon,  and  to  require  the  removal  from  the  public 
grounds,  streets  or  alleys,  of  any  or  all  such  poles,  and  the  plaa- 
ing  underground  of  any  or  all  telegraph,  telephone  or  electric 
wires. 


74  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

Fix  Water   Rates. 

§  170.  [Twentieth.]  To  fix  the  rate  of  tax  to  be  paid  for 
the  use  of  water  furnished  by  the  city,  or  any  person  or  cor- 
poration. 

Sidewalks— Snow  and  Other  Obstructions. 

§  171.  [Twenty-first.]  To  regulate  the  use  of  sidewalks- 
and  all  structures  thereunder,  and  to  require  the  owner  or 
occupant  or  any  person  to  keep  the  sidewalks  in  front  of,  or 
along  the  same,  free  from  snow  and  all  other  obstructions. 

Prevent  Throwing  Garbage,  etc.,  on  Streets,  etc. 

§  172.  [Twenty-second.]  To  regulate  and  prevent  the 
throwing  or  depositing  of  ashes,  offal,  dirt,  garbage  or  any 
offensive  matter  in,  and  to  prevent  injury  or  obstruction  to  any 
street,  avenue,  alley,  park  or  public  ground. 

Crosswalks,  Curbs  and  Gutters. 

§  173.  [Twenty-third.]  To  provide  for  and  regulate 
cross-walks,  curbs  and  gutters. 

Si »iis.  Signposts,  Awnings,  etc. 

§  174.  [Twenty-fourth.]  To  regulate  or  prevent  the  use 
of  streets,  sidewalks,  public  buildings  and  grounds  for  signs, 
signposts,  awnings,  telegraph  or  telephone  poles,  horse-troughs, 
racks,  posting  handbills  or  advertisements. 

Placards  or  Handbills. 

§  175.  [Twenty-fifth.]  To  regulate  or  prohibit  the  ex- 
hibition or  carrying  of  placards  or  handbills  in  the  streets, 
public  grounds  or  upon  the  sidewalks. 

Flags.  Banners  or  Signs. 

§176.  [Twenty-sixth.]  To  regulate  or  prevent  the  flying 
of  flags,  banners  or  signs  across  the  streets  or  from  houses. 

Traffic  Upon  Streets. 

§  177.  [Twenty-seventh.]  To  regulate  or  prohibit  traf- 
fic and  sales  upon  the  streets,  sidewalks  and  public  places. 


SALT   LAKE   CITY   CHAETER   AND   AMENDMENTS.  75- 

Speed  of  Animals.  Locomotives,  etc. 

§178.  [Twenty- eighth.]  To  regulate  the  speed  of  horses- 
and  other  animals,  vehicles,  cars  and  locomotives  within  the 
limits  of  the  corporation;  and  to  prevent  horse-racing,  immod- 
erate driving,  or  riding,  in  the  streets. 

\  inn  IMT!  njt  Houses  and  Lots. 

§  179.  [Twenty-ninth.]  To  regulate  the  numbering  of 
houses  and  lots. 

Naming  Streets,  etc. 

§  180.  [Thirtieth.]  To  name  and  change  the  name  of  any 
street,  avenue  or  other  public  place. 

Franchise  to  Street  Railways,  etc. 

§  181.  [thirty-first.]  To  permit,  regulate  or  prohibit  the 
locating,  constructing  or  laying  the  track  of  any  railroad  or 
tramway,  in  any  street,  alley  or  public  place;  but  such  permis- 
sion shall  not  be  for  a  longer  period  than  twenty-five  years. 

[March  10,  1892.] 

Railroad  Crossing. 

§182.  [Thirty-second.]  To  provide  for  and  change  the 
location,  grade  and  crossing  of  any  railroad. 

Cattle  Guards. 

§183.  [Thirty-third.]  To  require  railroad  companies  to- 
fence  their  respective  railroads,  or  any  portion  of  the  same,  and 
construct  cattle  guards,  crossings  of  streets  and  public  roads, 
and  keep  the  same  in  repair  within  the  limits  of  the  corpora- 
tion. 

Flagmen  at  Crossings— Tracks  on  Grade. 

§  184.  [Thirty-fourth.]  To  require  railroad  companies  to- 
keep  flagmen  at  railroad  crossings  of  streets,  and  provide  pro- 
tection against  injury  to  persons  and  property  ;  to  compel  such 
companies  to  raise  or  lower  their  railroad  tracks  to  conform  to 
any  grade  which  may  at  any  time  be  established  by  such  city,. 
and  when  such  tracks  run  lengthwise  of  any  such  street,  alley 


76  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

•or  highway,  to  keep  railroad  track  on  a  level  with  the  street 
surface,  so  that  such  tracks  may  be  crossed  at  any  place  on  such 
street,  alley  or  highway  ;  to  compel  and  require  railroad  com- 
panies to  make  and  keep  open,  and  to  keep  in  repair  ditches, 
drains,  sewers  and  culverts,  along  and  under  their  railroad 
tracks,  so  that  filthy  or  stagnant  pools  of  water  cannot  stand  on 
their  grounds  or  right  of  way,  and  so  that  the  natural  or  artifi- 
cial drainage  of  adjacent  property  shall  not  be  impeded. 

Bridges,  V induct*  and  Tunnels. 

§  185.  [Thirty-fifth.]  To  construct  and  keep  in  repair 
•bridges,  viaducts  and  tunnels,  and  to  regulate  the  use  thereof. 

•Culverts,  Drains,  Sewers,  etc. 

§  186.  [Thirty-sixth.]  To  construct  and  keep  in  repair 
culverts,  drains,  sewers,  catch  basins,  manholes  *and  cesspools, 
and  to  regulate  the  use  thereof. 

License,  Tax  and  Regulate  Certain  Businesses. 

§  187.  [Thirty-seventh.]  To  license,  tax  and  regulate 
hawking,  peddling,  pawn-brokerage,  employment  agencies,  the 
keeping  of  ordinaries,  theatrical  and  other  exhibitions,  shows, 
.amusements,  and  the  business  conducted  by  ticket  scalpers,  dis- 
tillers, brewers,  money  changers,  brokers,  keepers  of  public 
scales,  runners  for  stages,  cars,  public  houses,  or  other  persons 
or  things,  and  to  revoke  such  license  at  pleasure  ;  to  license,  tax 
and  regulate  banks,  bath  houses,  livery  stables,  skating  rinks, 
smelters,  crushers,  express  companies,  restaurants,  hotels,  tav- 
erns, theatres,  opera  houses,  music  halls,  boarding  houses,  eat- 
ing houses,,  chop  houses,  lodging  houses,  laundries,  barber 
: shops,  second-hand  or  junk  stores,  and  to  forbid  the  owners  or 
person  in  charge  of  said  stores  from  purchasing  or  receiving 
from  minors,  without  the  written  consent  of  their  guardian  or 
parents,  any  article  whatever ;  to  license,  tax  and  regulate  the 
business  conducted  by  hackmen,  draymen,  omnibus  drivers, 
-carters,  cabmen,  porters,  expressmen,  watermen,  and  all  others 
pursuing  like  occupations,  and  to  prescribe  their  compensation, 
merchants,  retailers,  shops  and  storekeepers,  druggists,  photog- 
raphers, assayers,  confectioners  and  fruit  peddlers. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  77 

Billiards,  Ten  Pin  Alleys,  etc. 

§  188.  [Thirty-eighth.]  To  license,  regulate  and  tax  and 
suppress  billiard,  bagatelle,  pigeon  hole,  or  any  other  tables  or 
implements  kept  or  used  for  a  similar  purpose  ;  also  pin  alleys,. 
or  tables  or  ball  alleys. 

Bawdy  Houses— Gambling  Houses— Obscene  Pictnres. 

§  189.  [Thirty-ninth.]  To  suppress  and  prohibit  the 
keeping  of  bawdy  and  other  disorderly  houses,  houses  of  ill- 
fame  or  assignation,  or  houses  kept  by,  maintained  for,  or  re- 
sorted to,  or  used  by  one  or  more  females  for  lewdness  or  pros- 
titution, within  the  limits  of  the  city,  and  within  three  miles  of 
the  outer  boundaries  thereof,  and  to  prohibit  the  resorting 
thereto  for  any  of  the  purposes  aforesaid  ;  and  also  to  suppress 
and  prohibit  gaming  and  gambling  houses,  lotteries,  and  all 
fraudulent  devices  and  practices,  and  all  kinds  of  gaming,  play- 
ing at  dice,  cards  or  other  games  of  chance,  and  to  prohibit  the 
sale  or  exhibition  of  obscene  or  immoral  publications,  prints,, 
pictures  or  illustrations. 

Intoxicating  Liquors. 

§•190.  [Fortieth.]  To  license,  regulate  and  tax  the  manu- 
facturing, selling,  giving  away,  or  disposing  of  in  any  manner,, 
any  intoxicating,  malt,  vinous,  mixed  or  fermented  liquor,  the 
license  not  to  extend  beyond  the  municipal  year  in  which  it 
shall  be  granted,  and  to  determine  the  amount  to  be  paid  for 
such  license  ;  and  said  license  shall  be  subject  to  the  same 
restrictions  as  required  by  the  general  laws  of  the  Territory, 
and  said  council  shall  require  of  all  persons  applying  for  a 
license  hereunder,  a  bond  in  good  and  sufficient  security  and 
with  like  conditions  as  required  by  the  general  laws  of  the  Ter- 
ritory in  this  regard;  Provided,  that  no  other  or  further  permit 
or  license  shall  be  required  by  the  county  in  which  such  city  is 
situated  to  enable  such  person  or  persons  so  licensed  to  sell  or" 
deal  therein  within  the  limits  of  the  corporation. 

Liquor  to  Minors,  etc. — Smoking  Opium  . 

§  191.  [Forty-first.]  To  punish  and  prohibit  the  selling 
or  giving  away  of  any  intoxicating,,  malt,  vinous,  mixed  or  f  er- 


78 


mented  liquor,  to  any  minor,  insane  or  idiotic  person,  habitual 
drunkard,  or  person  intoxicated;  and  also  to  punish  and  pro- 
hibit the  keeping  or  maintaining  or  becoming  an  inmate  of,  or 
visiting  or  in  any  way  contributing  to  the  support  of  any  place, 
house  or  room  where  opium  is  smoked,  or  where  persons  assem- 
ble for  the  purpose  of  smoking  opium  or  inhaling  the  fumes  of 
opium  or  where  opium  is  sold  for  such  purpose. 

Markets  and  Market  Houses. 

§  192.  [Forty-second.]  To  establish  markets  and  market 
houses,  and  provide  for  the  regulation  and  use  thereof. 

Meats,  Poultry,  Fish,  Provisions. 

§  193.  [Forty-third.]  To  provide  for  place  and  manner  of 
sale  of  meats,  poultry,  fish,  butter,  cheese,  lard,  .vegetables,  and 
all  other  provisions,  and  regulate  the  selling  of  the  same. 

Inspection  of  Meats  and  Provisions. 

§  194.  [Forty-fourth.]  To  provide  for  and  regulate  the 
inspection  of  meats,  poultry,  fish,  butter,  cheese,  lard,  vegeta- 
bles, flour,  meal  and  all  other  provisions. 

Inspection  and  Weighing  of  Coal,  etc. 

§  195.  [Forty-fifth.]  To  regulate  the  inspection,  weighing 
and  measuring  of  lumber,  firewood,  coal,  hay. 

Sealing  of  Weights  and  Measures. 

§  196.  [Forty-sixth.]  To  provide  for  the  inspection  of 
and  sealing  of  weights  and  measures. 

Weights  and   Measures. 

§  197.  [  Forty-seventh.  ]  To  enforce  the  keeping  of  proper 
weights  and  measures  by  vendors. 

* 

Vault*.  Cisterns,  etc. 

§  198.  [Forty-eighth.]  To  regulate  the  construction, 
repair  and  use  of  vaults,  cisterns,  areas,  hydrants,  pumps, 
sewers  and  gutters. 


SALT   LAKE   CITY   CHABTEB   AND   AMENDMENTS.  79 

Disorderly  Conduct,  Petit  Larceny,  etc. 

§  199.  [Forty-ninth.]  To  prevent  intoxication,  fighting, 
gambling,  quarreling,  dog  fights,  cock  fights,  and  all  disorderly 
conduct,  and  provide  against  and  prevent  the  offenses  of  assault 
and  battery  and  petit  larceny;  to  restrain  riots,  routs,  noises, 
disturbances  or  disorderly  assemblies  in  any  street,  house  or 
place  in  the  city;  to  regulate  or  prevent  the  discharge  of  fire- 
arms, rockets,  powder,  fireworks  or  any  other  dangerous  com- 
bustible material  in  the  streets,  lots,  grounds,  alleys,  or  about 
or  in  the  vicinity  of  public  buildings. 

Concealed  Weapons. 

§  200.  [Fiftieth.]  To  regulate  and  prohibit  the  carrying 
of  concealed  weapons. 

Vagrants. 

§  201.  [Fifty-first.]  To  arrest,  fine,  or  set  to  work  on  the 
streets  or  elsewhere,  all  vagrants,  mendicants,  and  persons  found 
in  said  city  without  visible  means  of  support  or  some  legitimate 
business. 

Disturbing  the  Peace. 

§  202.  [  Fifty-second.  ]  To  provide  for  the  punishment  of 
persons  disturbing  the  peace  and  good  order  of  the  city,  or  any 
lawful  assembly,  by  clamor,  or  noise,  or  by  intoxication,  fight- 
ing, or  using  obscene  or  profane  language,  or  otherwise  violating 
the  public  peace  by  indecent  or  disorderly  conduct,  or  by  lewd 
or  lascivious  behavior. 

Tramps,  Prostitntes,  Gamblers,  Etc. 

§  203.  [Fifty-third.]  To  provide  for  the  punishment  of 
tramps,  common  street  beggars,  common  prostitutes,  habitual 
disturbers  of  the  peace,  pick-pockets,  gamblers,  thieves,  persons 
who  practice  any  game,  trick  or  device  with  intent  to  swindle. 

Fire  Limits— Destruction  of  Buildings. 

§  204  [Fifty-fourth.]  To  define  the  fire  limits  and  pre- 
scribe limits  within  which  no  buildings  shall  be  constructed, 
except  brick,  stone  or  other  incombustible  material,  without 


80  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

permission,  and  to  cause  the  destruction  or  removal  of  any 
building  constructed  or  repaired  in  violation  of  any  ordinance; 
and  to  cause  all  buildings  and  enclosures  which  may  be  in  a 
dangerous  state  to  be  put  in  a  safe  condition. 

Fire  Escapes  -Exits  and  Entrances. 

§205.  [Fifty-fifth.]  To  prescribe  the  thickness,  strength 
and  manner  of  constructing  stone,  brick,  and  other  buildings, 
and  construction  of  fire  escapes  therein;  and  to  cause  all  build- 
ings used  for  public  purposes  to  be  provided  with  sufficient  and 
ample  means  of  exit  and  entrance,  and  to  be  supplied  with 
necessary  and  appropriate  appliances,  for  the  extinguishment  of 
fire  and  to  prevent  the  over-crowding,  and  to  regulate  the  plac- 
ing and  use  of  seats,  chairs,  benches,  scenery,  curtains,  blinds, 
screens,  or  other  appliances  therein. 

Chimneys,  Stoves,  Boilers,  etc. 

§  206.  [  Fifty-sixth.  ]  To  prevent  the  dangerous  construc- 
tion and  condition  of  chimneys,  fireplaces,  hearths,  stoves,, 
stovepipes,  heaters,  ovens,  furnaces,  boilers,  and  other  appa- 
ratus used  in  and  about  buildings  and  manufactories,  and. cause 
the  same  to  be  removed  or  placed  in  a  safe  condition,  where  con- 
sidered dangerous. 

Dangerous  manufactories — Ashes. 

§  207.  [  Fifty -seventh.  ]  To  regulate  and  prevent  the 
carrying  on  of  manufactories  dangerous  in  causing  and  promot- 
ing fires,  and  to  prevent  the  deposit  of  ashes  in  unsafe  places. 

Fire  Department. 

§  208.  [Fifty-eighth.]  To  provide  for  the  organization 
and  support  of  a  fire  department,  to  procure  fire  engines,  hooks, 
ladders,  buckets  and  other  apparatus,  and  to  organize  fire  en- 
gine, hook  and  ladder  companies,  and  to  prescribe  rules,  duties 
and  government  therein,  with  such  penalty  as  the  council  ma 
deem  proper,  and  to  make  all  necessary  appropriation  therefor, 
and  to  establish  regulations  for  the  prevention  and  extinguish- 
ment of  fires. 


SALT   LAKE   CITY   CHAETEE   AND   AMENDMENTS.  81 

Storage  of  Gunpowder,  etc.—  Bonfires—  Fireworks. 

§  209.  [Fifty-ninth.]  To  regulate  or  prevent  the  storage 
of  gunpowder,  tar,  pitch,  resin,  coal  oil,  benzine,  turpentine, 
nitro-glycerine,  petroleum,  or  any  of  the  products  thereof,  and 
other  combustible  or  explosive  material,  and  the  use  of  lights 
in  stables,  shops  and  other  places,  and  the  building  of  bonfires; 
also  to  regulate  or  restrain  the  use  of  fireworks,  firecrackers, 
torpedoes,  roman  candles,  skyrockets  or  other  pyrotechnic  dis- 
plays. 
Inspection  Steam  Boilers. 

§  210.  [Sixtieth.]  To  provide  for  the  inspection  of  steam 
boilers. 

Jails,  Henses  of  Correction,  Workhonses,  etc. 

§  211.  [Sixty-first.]  To  establish,  erect  and  maintain  city 
jails,  houses  of  correction  and  workhouses  for  the  confinement 
of  persons  convicted  of  violating  any  city  ordinance,  and  mak 
rules  and  regulations  for  the  government  of  the  same,  and 
appoint  necessary  jailers  and  keepers,  and  to  use  the  county  jail 
for  the  confinement  and  punishment  of  offenders,  subject  to 
such  conditions  as  are  imposed  by  law,  and  with  the  consent  of 
the  county  court. 

Cruelty  to  Animals. 

§212.     [Sixty-second.]     To  prohibit  cruelty  to  animals. 

Nuisances  —  Power  to  Abate. 

§213.  [Sixty-third.]  To  declare  what  shall  be  a  nuisance- 
and  to  abate  the  same,  and  impose  fines  upon  parties  who  may- 
create,  continue  or  suffer  nuisances  to  exist. 


Board  of  Health-  Quarantine 

§  214.  [Sixty-fourth.]  To  make  regulations  to  secure  the 
general  health  of  the  city;  to  prevent  the  introduction  of  con- 
tagious, infectious  or  malignant  diseases  into  the  city,  and  to 
make  quarantine  laws  and  enforce  the  same  within  the  corporate 
limits,  and  within  twelve  miles  thereof  ;  to  create  a  board  o£ 
health  and  prescribe  the  powers  and  duties  of  the  same. 

6 


82  SALT   LAKE   CITY   CHAKTER   AND   AMENDMENTS. 

Hospital*  and  Ituria  1  Grounds. 

'§  215.  [Sixty-fifth.]  To  purchase,  hold  and  pay  for  lands 
within  or  without  the  corporate  limits  for  the  burial  of  the  dead, 
and  all  necessary  ground  for  hospitals,  and  to  have  and  exercise 
police  jurisdiction  over  the  same,  and  over  cemetery  used  by 
said  city  ;  and  to  survey,  plat,  map,  fence,  ornament  and  other- 
wise improve  all  burial  and  cemetery  grounds  ;  and  to  convey 
cemetery  lots  owned  by  said  city,  and  pass  rules  and  ordinances 
for  the  protection  and  government  of  said  grounds,  and  for  the 
governing  of  owners  of  lots  therein  and  visitors  and  trespassers. 

Registration  of  Births  and  Deaths. 

§  216.  [Sixty-sixth.]  To  regulate  the  burial  of  the  dead 
and  the  registration  of  births  and  deaths;  to  direct  the  return- 
ing and  keeping  of  bills  of  mortality,  and  to  impose  penalties 
on  physicians,  sextons  and  others  for  default  therein. 

Animals  at  !Large— City  Pound— Estrays. 

§  217.  [Sixty-seventh.]  To  regulate  or  prohibit  the  run- 
ning at  large  within  the  limits  of  the  city,  horses,  mules,  asses, 
cattle,  swine,  sheep,  goats,  geese  and  all  kinds  of  poultry;  to 
establish  a  pound  and  appoint  a  poundkeeper,  and  prescribe  his 
duties,  and  to  distrain  and  impound  animals  running  at  large? 
and  to  provide  for  the  sale  of  the  same  in  the  same  manner  as 
provided  for  the  sale  of  estrays  and  animals  doing  damage  by 
the  laws  of  the  Territory.  The  proceeds  arising  from  the  sale 
of  such  animals,  after  the  payment  of  all  costs,  shall  go  to  the 
city  treasury. 

Dogs— Power  to  Destroy. 

§218.  [Sixty -eighth.]  To  license,  tax,  regulate  or  pro- 
hibit the  keeping  of  dogs,  and  to  authorize  the  destruction  of 
the  same  when  at  large  contrary  to  ordinance. 

Packing  Honses,  Breweries,  Slaughter  Houses,  etc. 

§  219.  [Sixty-ninth.]  To  direct  the  location  and  regulate 
the  management  and  construction  of  packing  houses,  tanneries, 
canneries,  renderies,  bone  factories,  slaughter  houses,  butcher 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  88 

shops,  soap  factories,,  foundries,  breweries,  distilleries,  livery 
stables  and  blacksmith  shops  in  and  within  one  mile  of  the 
limits  of  the  corporation. 

Abating  Privy,  etc.,  and  Regulating  Location. 

§220.  [Seventieth.]  To  prohibit  any  offensive  or  un- 
wholesome business  or  establishment  within  one  mile  of  the 
limits  of  the  corporation;  to  compel  the  owner  of  any  pig-sty, 
privy,  barn,  corral,  sewer  or  other  unwholesome  or  nauseous 
house  or  place  to  cleanse,  abate  or  remove  the  same,  and  regu- 
late the  location  thereof. 

Taking  Census. 

§221.  [Seventy-first.]  To  provide  for  taking  the  census; 
but  no  census  will  be  taken  oftener  than  once  in  five  years,  ex- 
cept as  provided  in  section  14,  Article  I,  of  this  act.* 

Public  Buildings. 

§  222.  [Seventy-second.]  To  provide  for  the  construction 
and  care  of  all  public  buildings  necessary,  for  the  use  of  the 
city. 

Prevent  Ball  Playing,  Bicycling,  etc. 

§223.  [Seventy-third.]  To  prevent  or  regulate  the  rolling 
of  hoops,  playing  of  ball,  flying  of  kites,  riding  of  bicycles  or 
tricycles,  or  any  other  amusement  or  practice  having  a  tendency 
to  annoy  persons  passing  in  the  streets,  or  on  sidewalks,  or  to 
frighten  teams  or  horses. 

Lumber  Yard. 

§  224.  [Seventy-fourth.]  To  regulate,  tax  or  prohibit  the 
keeping  of  any  lumber  yard,  and  the  placing  or  piling,  or  sell- 
ing any  lumber,  timber,  wood  or  other  combustible  material 
within  the  limits  of  the  city. 

Waterworks  and  Fire  Signals. 

§  225.     [  Seventy-fifth.  ]     To  purchase,  construct,  lease,  rent, 

*  Section  14,  Article  I,  provides  that  municipal  authorities  of  any  city  in  this  Terri- 
tory are  authorized  Jo  appoint  commissioners  to  take  the  census  of  such  city  before  any 
municipal  election,  in  order  to  ascertain  whether  it  is  a  city  of  the  first  or  second  class. 


84  SALT    LAKE   CITY   CHARTER   AND   AMENDMENTS. 

manage  and  maintain  any  system  or  part  of  system  of  water- 
works, hydrants  and  supplies  of  water,  telegraphic,  fire  signals, 
or  fire  apparatus,  and  to  pass  all  ordinances,  penal  or  otherwise, 
that  shall  be  necessary  for  the  full  protection,  maintenance, 
management  and  control  of  the  property  so  leased,  purchased 
or  constructed. 

Libraries  and  Reading  Rooms. 

§  226.  [Seventy-six.]  To  establish,  maintain  and  regu- 
late free  public  libraries  and  reading  rooms,  and  to  perpetuate 
such  free  libraries  and  reading  rooms  as  may  have  been  hereto- 
fore established  in  said  cities. 

Processions. 

§  227.  [Seventy-seventh.]  To  regulate  or  prohibit  all 
public  demonstrations  and  processions  which  interfere  with 
public  traffic. 

Burying  Indigent  Dead. 

§228.  [Seventy-eighth.]  To  provide  for  the  burial  of  in- 
gent  dead  and  to  pay  the  expenses  thereof. 

Street  Tax. 

§229.  [  Seventy -ninth.  ]  To  provide  by  ordinance  for  the 
annual  levy  and  collection  of  a  street  tax  assessed  upon  the 
property,  real  or  personal,  of  the  city.  Said  tax  not  to  exceed 
one-half  of  one  per  cent,  in  any  one  year,  and  to  be  expended 
for  the  opening,  widening,  grading,  paving  and  improving  of 
the  streets,  sidewalks,  avenues  and  alleys  of  the  city. 

Destitute  Children. 

§  230.  [  Eightieth.  ]  To  authorize  the  taking  and  provid- 
ing for  the  safe-keeping  and  education,  for  such  periods  of  time 
as  may  be  expedient,  of  all  children  who  are  destitute  of  proper 
parental  care. 

Inspection  of  Liqnors. 

§  231.  [  Eighty-first.  ]  To  regulate  the  inspection  of  whisky 
and  other  liquors. 


SAIT   LAKE   CITY   CHARTER   AND  AMENDMENTS.  85 

Botchers— Vegetables,  etc. 

§  232.  [Eighty-second.]  To  regulate,  license  the  business 
conducted  by  butchers,  and  to  revoke  their  license  for  malcon- 
duct  in  the  course  of  trade,  and  regulate,  license  the  selling  of 
fresh  meat  and  vegetables  in  the  city,  and  to  prohibit  the  fore- 
stalling of  poultry,  fruit,  vegetables  and  eggs. 

Bell  Ringing,  Horn  Blowing,  etc. 

§  233.  [Eighty-third.]  To  prevent  the  ringing  of  bells, 
blowing  of  horns  and  bugles,  crying  of  goods'  and  other  noises, 
performances,  and  devices  tending  to  the  collection  of  persons 
on  the  streets  or  sidewalks,  by  auctioneers  and  others  for  the 
purpose  of  business,  amusement  or  otherwise. 

Fastening  Animals. 

§  234  [Eighty -fourth.]  To  compel  persons  to  fasten  ani- 
mals attached  to  vehicles  while  standing  or  remaining  in  the 
streets. 

Extend  Streets  and  Sewers  Under  B.  B.  Tracks. 

§  235.  [Eighty- fifth.]  To  extend  any  street,  alley  or  high- 
way, by  condemnation  or  otherwise,  over  or  across,  or  to  con- 
struct any  sewer  under  or  through  any  railroad  track,  right  of 
way  or  land  of  any  railroad  company  within  the  corporate 
limits;  but  where  no  compensation  is  made  to  such  railroad  com- 
pany the  city  shall  restore  such  railroad  track,  right  of  way  or 
laud  to  its  former  condition,  or  in  such  a  manner  as  not  to  have 
impaired  its  usefulness. 

Beqnire  Bonds  from  Officers— Beports. 

§  236.  [Eighty-sixth.]  To  require  all  officers  and  agents 
elected  or  appointed  in  pursuance  of  this  act  to  give  bond  and 
security  for  the  faithful  performance  of  their  duties,  and  to 
require  from  every  officer  of  the  eity  at  any  time  to  report  in 
detail  all  the  transactions  in  his  office,  or  of  any  matters  con- 
nected therewith. 

Pol  ice— Benio  yal —Vacancies— Create  Offices— Salaries . 

§  237.  [Eighty-seventh.]  To  appoint  police  and  watch- 
men and  to  define  their  powers  and  duties,  and  to  remove  all 
officers  of  the  city  for  misconduct,  and  to  provide  for  filling 


86  SALT   LAKE  CITY   CHARTER  AND   AMENDMENTS. 

* 

such  vacancies  as  may  occur 'in  any  elective  office,  and  to  create 
any  office  that  may  be  deemed  necessary  for  the  good  govern- 
ment of  the  city;  to  regulate  and  prescribe  the  powers,  duties 
and  compensation  of  all  officers  of  the  city  not  herein  provided 
for. 
Eminent  Domain. 

§  238.  [Eighty-eighth.]  To  exercise  the  power  of  emi- 
nent domain  and  to  take  private  property  for  public  use,  within 
or  without  the  city,  for  the  purposes  and  in  the  manner  pro- 
vided by  law. 

License  Fees  and  Taxes. 

§239.  [Eighty-ninth.]  To  raise  revenues  by  levying  and 
collecting  a  license  fee  or  tax  on  any  private  corporation  or 
business  within  the  limits  of  the  city,  and  regulate  the  same  by 
ordinance.  All  such  license  fees  and  taxes  shall  be  uniform  in 
respect  to  the  class  upon  which  they  are  imposed. 

Ordinances— Limit  of  Fine  and  Imprisonment. 

§  240.  [Ninetieth.]  To  pass  all  ordinances,  rules,  and 
make  all  regulations,  not  repugnant  to  the  Constitution  and 
laws  of  the  United  States,  or  the  laws  of  this  Territory,  neces- 
sary for  carrying  into  effect  or  discharging  all  powers  and  du- 
ties conferred  by  this  act,  and  such  as  shall  seem  necessary  and 
proper  to  provide  for  the  safety  and  preserve  the  health,  and 
promote  the  prosperity,  improve  the  morals,  peace,  good  order, 
comfort,  convenience  of  the  city  and  the  inhabitants  thereof, 
and  for  the  protection  of  property  therein,  and  to  enforce 
obedience  to  such  ordinances  with  such  fines  or  penalties  as  the 
city  council  may  deem  proper;  Provided,  the  fine  or  penalty 
shall  be  less  than  three  hundred  dollars,  and  the  imprisonment 
shall  not  exceed  six  months  for  such  offense. 


ARTICLE   V. — ACTIONS   FOR   VIOLATION   OF   ORDINANCES. 


Reference  to  Title  and  Section— Commitment. 

§  241.     [SEC.  3.]     In  all  actions  for  the  violation  of  any 
ordinance,  it  shall  be  sufficient  if  the  complaint  refer  to  the  title 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  87 

and  section  of  the  ordinance  under  which  such  action  is 
brought.  Any  person  upon  whom  any  fine  or  penalty  shall  be 
imposed  may,  upon  the  order  of  the  court  before  whom  the  con- 
viction is  had,  be  committed  to  the  county  jail,  city  prison,  work 
house,  house  of  correction,  or  other  places  provided  by  the  city 
for  the  incarceration  of  offenders,  until  such  fine,  penalty  and 
costs  shall  be  fully  paid. 


ARTICLE  VI. — OFFICERS,    THEIR    POWERS   AND   DUTIES. 


Elective  Officers. 

§  242.  [SEC.  1.]  There  shall  be  elected  in  all  the  cities  of 
this  Territory  the  following  officers  :  In  cities  of  the  first  class, 
a  mayor,  elective  at  large,  and  three  councilmen  from  each 
municipal  ward.  In  cities  of  the  second  class,  a  mayor,  elected 
at  large,  and  two  couucilmen  from  each  ward.  In  cities  of  the 
third  class,  a  mayor  and  seven  councilmen,  elected  at  large  ; 
and,  in  addition,  there  shall  be  elected  in  all  of  said  cities  a 
recorder,  treasurer,  assessor  and  collector,  marshal,  and  a  justice 
of  the  peace  ;  Provided,  that  in  the  case  of  any  incorporated 
city  in  which,  at  the  time  of  the  passage  of  this  act,  the  mem- 
bers of  the  board  of  aldermen  or  council  are  elected  from  dis- 
tricts or  wards,  the  provisions  of  this  section  shall  not  apply, 
nor  shall  this  act  in  any  manner  interfere  with  the  existing 
qualifications  of  electors  or  officers,  or  with  the  manner  of  se- 
lecting the  officers. 

[March  4,  1892.} 

Term  of  Office,  Two  Years . 

§  243.  [SEC.  2.]  The  elective  officers  of  a  city  shall  hold 
their  respective  offices  for  two  years  and  until  their  successors 
are  elected  and  qualified. 

Appointive  Officers. 

§  244.  [SEC.  3.]  There  shall  be  appointed  by  the  council, 
in  cities  of  the  first  and  second  class,  a  city  attorney,  surveyor, 


SALT   LAKE   CITY   CHABTEE   AND    AMENDMENTS. 

water  master,  sexton,  supervisor  of  streets,  auditor,  and  such 
other  officers  and  agents  as  may  by  the  city  council  be  deemed 
necessary  or  expedient,  and  the  council,  in  cities  of  the  third 
class,  may  appoint  any  of  said  officers,  or  such  officers  and  agents 
as  may  be  deemed  necessary. 

Term  of  Office  of  Appointive  Officers. 

§  245.  [SEC.  4]  The  appointive  officers  of  the  city  shall 
hold  their  respective  offices  for  two  years,  unless  sooner  removed 
by  the  city  council.. 

Oath  and  Bonds  of  Elective  Officers. 

§  246.  [SEC.  5.]  Every  person  elected  to  an  elective,  ju- 
dicial or  administrative  office,  shall,  before  he  enters  upon  the  du- 
ties thereof,  take  and  subscribe  an  oath,  or  affirmation,-  that  he 
will  support  the  Constitution  and  laws  of  the  United  States,  the 
laws  of  this  Territory,  and  the  ordinances  of  -  —  city,  and  that 
he  will  well  and  truly  perform  all  the  duties  of  his  office  to  the 
best  of  his  knowledge  and  ability;  and  shall  file  the  same  with 
the  city  recorder ;  and  every  such  officer  shall,  before  entering 
upon  the  duties  of  his  office,  execute  a  bond  with  good  and  suffi- 
cient sureties,  to  be  approved  by  the  mayor,  payable  to  the  city, 
in  such  penal  sum  as  may,  by  resolution  or  ordinance,  be  directed, 
conditioned  for  the  faithful  performance  of  the  duties  of  his  of- 
fice, and  the  payment  of  all  moneys  received  by  such  officer,  ac- 
cording to  law  and  the  ordinances  of  said  city;  Provided,  that 
the  bond  of  the  mayor  shall  be  approved  by  the  city  council; 
Provided  further,  that  the  treasurer's  bond  shall  not  be  fixed 
at  a  sum  less  than  the  amount  of  the  whole  tax  for  the  current 
year. 

Bonds  of  Appointive  Officers— Where  Filed. 

§  247.  [SEC.  7.]  The  city  council  may  require  bonds  of 
all  officers  appointed  by  them,  and  may  at  any  time  require 
further  and  additional  bonds  of  all  officers,  elected  and  ap- 
pointive. All  bonds  given  by  the  officers  of  any  city  shall  be 
filed  with  the  recorder,  except  the  bond  of  the  recorder,  which 
shall  be  filed  with  the  treasurer. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  89 

Delivery  of  Property. 

§248.  [Ssc.  8.]  Every  officer  of  the  city  shall,  within 
five  days  after  notification  and  request,  deliver  to  his  successor 
in  office  all  property,  books  and  effects  of  every  description  in 
his  possession,  belonging  to  the  city  or  appertaining  to  his  said 
office;  and  upon  his  refusal  to  do  so,  shall  be  liable  for  all 
damages  caused  .thereby,  and  to  such  penalty  as  may  by  ordi- 
nance be  prescribed. 

Eligibility  of  Officers. 

§  249.  [SEC.  9.]  No  person  shall  be  eligible  to  any  office 
who  is  not  a  qualified  elector  of  the  city,  nor  shall  any  person 
be  eligible  to  any  office  who  is  a  defaulter  to  the  corporation. 

Officers  Interested  in  Contract  Work,  etc. 

§  250.  [  SEC.  10.  ]  No  officer  shall  be  directly  or  indirectly 
interested  in  any  contract  work,  or  business  of  the  city,  or  the 
selling  of  any  article,  the  expense,  price  or  consideration  of 
which  is  paid  from  the  treasury,  or  by  any  assessment  levied  by 
any  act  or  ordinance;  nor  in  the  purchase  of  any  real  estate,  or 
•other  property  belonging  to  the  corporation,  or  which  shall  be 
held  for  the  taxes  or  assessments  or  by  virtue  of  legal  process 
at  the  suit  of  said  corporation,  mayor  or  other  officer  of  the 
city. 

Not  to  Hold  Any  Other  City  Office. 

§  251.  [SEC.  11.]  In  cities  of  the  first  and  second  class, 
no  mayor,  councilman,  recorder  or  treasurer  shall  hold  any  other 
office  under  the  city  government  during  his  term  of  office. 

Compensation. 

§  252.  [SEC.  12.]  The  mayor  and  councilmen  of  any 
city  shall  receive  such  compensation  as  the  city  council  may  by 
ordinance  direct,  but  their  compensation  shall  not  be  changed 
during  their  term  of  office;  and  all  other  officers  may  receive  a 
salary,  fee,  or  other  compensation,  to  be  fixed  by  ordinance ;  and 
after  the  same  has  been  once  fixed,  such  fees  or  compensation 
shall  not  be  increased  or  diminished  to  take  effect  during  the 
term  for  which  any  such  officer  was  elected  or  appointed. 


90  SALT   LAKE   CITY   CHAETEB   AND    AMENDMENTS. 

ARTICLE     X. — COLLECTION    OF    TAXES    AND   DUTIES    OF    ASSESSOR 
AND   COLLECTOR. 


Powers  of  Board  of*  Equalization. 

§  253.  [SEC.  4]  The  board  of  equalization  is  hereby 
authorized  to  administer  oaths  in  the  discharge  of  official  duties, 
and  may  require  property  owners  to  give  a  statement  to  it  $f 
their  taxable  property  and  its  value,  under  oath,  and  it  may 
summon  such  other  persons  to  appear  and  testify  before  it  as  it 
may  deem  necessary  to  carry  out  the  provisions  of  this  act. 


ARTICLE    XL — JUDICIAL    TOWER. 


Justice  of  the  Peace. 

§  254.  [SEC.  1.]  The  judicial  power  of  the  city  shall  be 
vested  in  the  justice  of  the  peace  of  such  city.  Said  justice  shall 
have  exclusive  original  jurisdiction  of  cases  arising  under,  or  by 
reason  of  the  violation  of  any  ordinance  or  by-law  of  said  city, 
and  shall  have  the  same  jurisdiction  as  other  justices  of  the 
peaee  in  cases  arising  under  the  laws  of  the  Territory.  The 
rules  of  practice  and  mode  of  proceeding  in  said  justice's  court 
shall  be  the  same  as  are  or  may  be  prescribed  by  law  for  jus- 
tices' courts  in  like  cases.  From  all  final  judgments  of  said 
justice's  court  whether  civil  or  for  violation  of  any  ordinance  of 
said  city,  an  appeal  shall  be  allowed  to  either  party  against 
whom  the  judgment  is  rendered,  to  the  district  or  other  appel- 
late court  provided  by  law,  in  the  same  manner  and  upon  the 
same  terms  as  provided  by  law  for  appeals  from  justices'  courts 
in  similar  cases. 

If  a  vacancy  shall  occur  in  the  office  of  city  justice  of  the 
peace,  the  mayor  shall  forthwith  call  a  special  meeting  of  the 
city  council,  and  it  shall  immediately  proceed  to  fill  such  vacancy 
by  appointment  for  the  unexpired  term.  And  the  person  so 
appointed  shall  qualify  in  the  same  manner  as  a  city  justice  of 
the  peace,  and  shall  have  and  exercise  all  the  powers  herein 
conferred  upon  such  justice  of  the  peace.  In  case  any  city  jus- 
tice of  the  peace  shall  be  unable  to  perform  the  duties  of  his 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  91 

office,  the  mayor  shall  appoint  some  other  justice  of  the  peace 
residing  within  the  county  to  act  as  city  justice  of  the  peace 
pro  tern.,  and  he  shall  have  the  power  to  discharge  all  the  duties 
of  such  city  justice  of  the  peace  during  the  existence  of  such 
disability  only,  in  the  same  manner  and  to  the  same  extent  as 
though  the  appointee  had  originally  been  elected  to  such  office. 
The  city  justice  of  the  peace  shall  receive  such  salary  as  the 
city  council  may  determine;  he  shall  not  receive  any  fees  or 
other  compensation  than  such  salary  for  his  services. 
[March  4,  1892.] 


ARTICLE   XIV. — FINANCES. 


Ten  Mills  for  Water. 

§  255.  [SEC.  2.]  [Second.]  And  said  council  shall  have 
power  to  annually  levy  and  collect,  at  such  times  as  they  may 
determine  by  ordinance  or  resolution,  on  all  of  said  taxable 
property,  not  to  exceed  ten  mills  on  the  dollar  to  purchase 
water  sources,  streams  and  land  upon  which  said  streams  are 
appropriated,  canals,  construct  waterworks,  and  supply  water 
for  irrigation  and  other  purposes  ;  Provided,  an  acreage  tax 
may  be  assessed  in  lieu  of  said  tax  whenever  the  council  may 
deem  said  tax  just. 

Five  Hills  for  Streets  and  Sidewalks. 

§  256.  [Third.]  Not  to  exceed  five  mills  on  the  dollar  to 
open,  improve  and  keep  in  repair  the  streets  and  sidewalks  of" 
the  city. 

Five  Mills  for  Sewers  and  Drains. 

§257.  [Fourth.]  Not  to  exceed  five  mills  on  the  dollar  to 
construct  and  keep  in  repair  sewers  and  drains. 

Local  Assessments. 

§  258.     [Fifth.]     And  to  levy  and  collect  local  assessments, 
as  herein  provided,  to  construct  and  keep  in  repair  sidewalks, 
sewers,  drains  and  streets  and  supply  the  city,  or  inhabitants- 
thereof  with  water  and  with  gas  and  other  means  of  illumination.. 


92  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 


ARTICLE   XV. — LOCAL   ASSESSMENTS. 


:  Sewerage,  Paving,  etc. 

§  259.  [SEC.  1.]  The  city  council  are  authorized  and  em- 
powered to  divide  the  city  into  districts  for  sewerage,  paving,  or 
other  like  purposes,  and  to  provide  by  ordinance  a  system  of  do- 
ing any  or  all  work  in  or  upon  the  streets,  highways,  sidewalks, 
and  other  public  places  of  such  city,  or  for  making  therein 
street  improvements  and  repairs,  and  for  constructing  sewers, 
drains,  water  works  and  laying  of  pipes  and  mains  for  water 
and  gas;  and  for  the  payment  of  the  costs  and  expenses  thereof, 
said  council  shall  have  power  by  ordinance  to  determine  the 
form  and  mode  of  local  assessments,  and  levy  and  collect  local 
taxes,  in  proportion  to  benefits  upon  the  property  within 
said  districts;  or  may  levy  and  collect  such  annual  general 
tax,  if  such  there  be,  for  Che  particular  work  to  be  carried  on, 
as  provided  in  subdivisions  2,  3  and  4  of  section  2,  article  XIV, 
of  this  act;  or  may  draw  upon  the  contingent  or  general  fund  of 
the  city,  provided  for  in  subdivision  1*  of  section  2,  article  XIV, 
of  this  act,  or  may  use  either  or  all  of  said  taxes,  when  such  use 
would  be  just.  Local  taxes,  levied  for  the  purpose  of  paying 
the  costs  of  constructing  sewers  or  drains  within  the  city,  may 
be  levied  upon  the  real  estate  lying  and  being  within  the  sewer- 
.age  district  in  which  such  sewer  or  drain  may  be  situated, 
to  the  extent  of  benefits  to  such  property  by  reason  of  such 
improvements,  the  benefits  to  such  property  to  be  determined 
by  said  council,  sitting  as  a  board  of  equalization,  after 
notice  given,  as  hereinafter  provided,  or  according  to  the  front 
foot  of  the  lots  or  real  estate  within  such  district,  or  according 
to  such  other  rules  as  the  council  may  adopt  for  the  distribu- 
tion or  adjustment  of  such  costs.  Local  taxes,  levied  for  the 
purpose  of  grading,  widening,  opening,  extending,  paving  or  re- 
pairing in  any  manner,  streets  or  sidewalks,  or  for  the  laying 
of  water  or  gas  pipes,  shall  be  levied  upon  the  lots  or  pieces  of 
ground  adjacent  to  or  abutting  upon  said  streets  or  sidewalks, 


*  Subdivision  1  reads  as  follows:    First— Not  to  exceed  five  mills  on  the  dollar  to  de- 
.  I  ray  the  contingent  expenses  of  the  city. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  9S- 

or  in   such  other  manner  as  the  council,  sitting  as  a  board  o£" 
equalization,  may  determine   to   be   just;  Provided,  that   this 
provision  shall  not  apply  to  ordinary  repairs  of  streets  or  side- 
walks, and  one-half  of  the  expense  of  bringing  streets,  alleys  or 
sidewalks  to  the  established  grade  shall  be  paid  out  of  the  street 
or  contingent  fund;  Provided  further,  that  in  all  cases  where- 
the  expense  of  any  of  the  said  improvements  mentioned  in  this 
section  is  to  be  defrayed,  either  in  whole  or  in  part,  by  local 
assessment,   the   council   shall   give   notice  of   such   intention, 
which  notice  shall  be  published  at  least  twenty  days  in  a  news- 
paper published  within  such  city .     Such  notice  shall  describe 
the  improvements  so  proposed,  the  boundaries  of  the  district  to- 
be  affected   or  benefited  by  such  improvement,  the  estimated, 
cost  of  such  improvement,  and  designate  the  time  set  for  such 
hearing.     If  at  or  before  the  time  so  fixed  written  objections  to- 
such  improvements,  signed  by  the  owners  of  one-half,  in  value, 
of  the  property  so  to  be  affected  or  benefited,  as  shown  by  the- 
last  preceding  city  assessment  roll,  be  not  filed  with  the  recorderr, 
the  council  shall  be  deemed  to  have  acquired  jurisdiction  to- 
order  the  making  of  such  improvement.     Any  special  assess- 
ments made  and  levied  to  defray  the  costs  and  expenses  of  any 
such  work,  and  the  costs  of  collection,  shall  constitute  a  lien, 
upon  and  against  the  property  upon  which  such  is  made  and 
levied,  from  and  after  the  date  of  the  order  for  such  assessment, 
and  said  assessment  shall  be  collected  in  like  manner  as  other 
city  taxes. 

ARTICLE  XVII. — HOW   CORPORATE   LIMITS    MAY   BE   EXTENDED. 


Any  City  May  Extend. 

§  260.  [SEC.  1.]  Any  city  now  existing  in  this  Terri- 
tory that  shall  become  incorporated  under  this  act  may  extend* 
its  corporate  limits  in  the  manner  hereinafter  provided. 

lion   Extension  Made. 

§  261.  [SEC.  2.]  The  boundaries  of  any  municipal  cor- 
poration may  be  altered  and  new  territory  included  therein* 
after  proceedings  had  as  required  in  this  section..  The  councik 


94  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

of  such  corporation  may,  upon  receiving  a  petition  therefor 
signed  by  not  less  than  two-fifths  of  the  property-owners  re- 
siding in  the  territory  proposed  by  such  petition  to  be  annexed 
to  such  corporation,  submit  to  the  electors  residing  in  such  ter- 
ritory the  question  whether  such  territory  shall  be  annexed  to 
such  corporation  and  become  a  part  thereof;  and  such  council 
shall  give  notice  thereof  by  publication  in  a  newspaper  pub- 
lished in  such  corporation  for  a  period  of  four  weeks; 
but  if  no  newspaper  be  published  therein,  then  by  post- 
ing notices  for  at  least  four  weeks  in  not  less  than 
four  public  places  in  said  territory  proposed  to  be  annexed. 
Such  notices  shall  distinctly  state  the  proposition  to  be  so  sub- 
mitted, and  shall  designate  specifically  the  boundaries  of  the  ter- 
ritory so  proposed  to  be  annexed,  and  the  electors  shall  be  noti- 
fied thereby  to  vote  upon  such  proposition  by  placing  upon  their 
ballots  the  words  "for  annexation"  or  "against  annexation." 
Such  city  council  shall  also  designate  the  day  and  place  or  places 
at  which  the  poll  will  be  opened  in  such  territory  so  proposed 
to  be  annexed,  which  place  or  places  shall  be  those  used  for 
general  election  purposes  within  such  territory,  if  such  there 
be.  The  election  shall  be  conducted,  the  votes  canvassed  and 
returns  made  in  the  manner  prescribed  by  law,  and  if  it  shall 
show  upon  such  canvass  that  the  majority  of  all  the  votes  of  the 

resident  taxpayers  of  such  territory cast  shall  be  for 

.annexation,  such  council  shall  order  to  be  entered  upon 
their  minutes,  and  make  a  certified  abstract  of  such  vote,  show- 
ing the  number  of  votes  cast  for  annexation  and  the  number  of 
votes  cast  against  annexation. 

It  shall  be  the  duty  of  the  person  or  persons  to  whom 
returns  of  said  election  are  made  to  file  with  the  Secretary  of 
the  Territory  the  information  contained  in  said  certificate. 
From  and  after  the  day  of  the  filing  of  such  abstract,  such 
annexation  shall  be  deemed  complete;  and  thereafter  such  ter- 
ritory shall  be  and  remain  a  part  of  such  corporation. 

[March  10,  1892.] 

Filing  Plat  With  County  Recorder. 

§  262.  [SEC.  3.]  The  mayor  of  any  city  incorporated 
under  this  act  shall  cause  to  be  filed  in  the  office  of  the  county 


SALT    LAKE   CITY    CHAKTER    AND    AMENDMENTS.  95 

recorder  in  the  county  wherein  said  city  is  located,  a  plat  show- 
ing the  corporate  limits  and  boundaries  of  his  city  at  the  time  of 
its  incorporation  under  this  act,  and  any  change  in  said  city 
limits  made  subsequent  to  its  incorporation  under  this  act. 


ARTICLE   XVIII. — RESTRICTION   OF   CORPORATE   LIMITS. 


How  Limit*  Restricted. 

§  263.  [SEC.  1.]  Any  city  now  existing  in  this  Territory 
may  restrict  its  corporate  limits  in  the  following  manner:  On 
petition,  in  writing,  signed  by  not  less  than  three-fourths  of  the 
electors  residing  within  the  territory  desired  to  be  detached, 
and  not  less  than  one-fourth  of  the  remaining  electors  in  said 
city,  to  the  city  council  thereof,  it  shall  be  the  duty  of  said 
council  to  submit  the  question  to  the  electors  of  such  city  at  the 
next  municipal  election  and  to  give  notice  in  the  same  manner 
and  for  the  same  time  as  provided  in  section  2,  article  XVII, 
of  this  act ;  Provided,  that  no  territory  shall  be  detached,  nor 
shall  any  election  be  ordered  when  such  territory  does  not  lie 
upon  the  border  of  said  city  limits,  or  is  laid  out  into  city  lots 
or  blocks. 

What  the  Notice  Shall  State. 

§  264  [SEC.  2.]  Such  notice  shall  distinctly  state  the 
proposition  to  be  submitted,  and  shall  designate,  specifically, 
the  boundaries  of  the  territory  proposed  to  be  detached,  and  the 
electors  shall  be  notified  to  vote  upon  such  question  by  placing 
upon  ballots  the  words  "for  detachment,"  or  "against  detach- 
ment." If  a  majority  of  all  the  votes  cast  in  said  city  shall  be 
"for  detachment,"  the  city  council  shall  cause  to  be  entered 
upon  their  minutes  a  true  copy  of  the  returns  of  said  election, 
showing  the  number  of  votes  cast  for  and  against  the  question. 

Filing  Plat  of  Detached  Territory. 

§  265.  [  SEC.  8.  ]  It  shall  be  the  duty  of  the  mayor  of  said 
city  to  have  recorded  in  the  county  records  an  accurate  map  of 
the  territory  so  detached  and  the  city  as  restrieted  in  its  limits, 
and  he  shall  also  make  publication  at  least  four  times  in  some 


96        SALT  LAKE  CITY  CHARTER  AND  AMENDMENTS. 

newspaper  having  general  circulation  in  the  county,  of  the  re- 
sult of  such  election,  and  designate  the  territory  so  detached. 
Upon  making  the  proper  entries  and  filing  with  the  recorder 
the  affidavit  of  publication,  the  detachment  of  such  territory 
shall  be  deemed  complete,  and  said  territory  shall  be  no  longer 
subject  to  the  jurisdiction  of  said  city. 


ARTICLE   XIX. — HOW   CITIES    MAY    DISINCORPORATE. 


Manner  of  Disiiicorporatioii. 

§  266.  [SEC.  1.]  On  petition  in  writing,  signed  by  not 
less  than  one-half  of  the  electors  of  any  city,  as  shown  by  the 
registration  list  of  the  preceding  year,  to  the  city  council  of 
any  city,  praying  for  the  disincorporation  of  said  city,  it  shall 
be  the  duty  of  said  council  to  submit  such  question  to  the 
electors  of  said  city,  at  the  next  general  municipal  election,  and 
to  give  notice  thereof  by  publication  in  a  newspaper  published 
in  said  city  at  least  once  a  week,  for  a  period  of  four  successive 
weeks  prior  to  such  election,  or  if  no  papers  be  published 
therein,  then  by  posting  notices  for  at  least  four  weeks  prior  to 
said  election,  in  eight  or  more  public  places  in  said  city;  Pro- 
vided, that  the  question  of  disincorporating  the  city  shall  not 
be  submitted  at  any  election  unless  the  obligations  and  liabili- 
ties of  such  city  have  been  fully  met  and  provided  for.  Such 
notices  shall  distinctly  state  the  proposition  to  be  voted  for,  the 
time  and  place  of  the  election,  and  the  electors  shall  be  notified 
thereby  to  vote  upon  such  proposition  by  placing  upon  their 
ballots  the  words,  "for  disincorporation"  or  "against  disincor- 
poration." The  election  shall  be  conducted,  the  votes  canvassed 
and  the  returns  made  in  the  same  manner  as  provided  by  law. 

Three- Fourths  Uecessary. 

§  267.  [  SEC.  2.  ]  If  three-fourths  of  the  votes  cast  at  such 
election  shall  be  for  disincorporation,  the  corporate  existence  of 
such  city  shall  be  ended,  and  the  officers  elected  shall  not  qual- 
ify, and  the  terms  of  incumbent  officers  shall  be  deemed  to  have 
expired. 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  97 

Treasurer  of  County,  Custodian  of  Records,  etc. 

§  268.  [  SEC.  3.  ]  The  retiring  officers  of  such  disincorpor- 
ated city  shall  deposit  with  the  treasurer  of  the  county  in  which 
said  city  is  situated,  all  the  records,  books,  maps  and  other  per- 
sonal property  belonging  to  said  city,  and  all  moneys,  accounts, 
notes,  and  other  property,  both  real  and  personal,  belonging 
thereto,  shall  revert  to  and  vest  in  said  county ;  and  said  county 
is  hereby  empowered  to  sue  in  its  own  name  for  the  collection 
of  all  accounts  and  the  enforcement  of  any  claim  of  said  city, 
and  to  use  the  property  so  vesting  as  all  other  property  belong- 
ing to  said  county. 

Recording  and  Publication  of  Fact. 

§  269.  [SEC.  4.]  Whenever  any  city  is  disincorporated, 
as  herein  provided,  it  shall  be  the  duty  of  the  retiring  mayor  of 
such  city  to  have  recorded  a  copy  of  said  petition,  the  order  of 
the  city  council  in  submitting  the  proposition  to  the  electors,  a 
certified  copy  of  said  notices  and  the  number  of  votes  cast  for 
and  against  disincorporation,  by  the  county  recorder  of  the 
county  in  which  such  city  is  situated,  and  he  shall  further  make 
publication  of  such  disincorporation,  by  publishing  for  at  least 
four  successive  weeks  in  some  newspaper  having  general  circu- 
lation within  the  Territory. 


ARTICLE    XX. — MISCELLANEOUS. 


Powers  of  City  Council. 

§  270.  [SEC.  1.]  When  by  this  act  the  power  is  conferred 
upon  the  city  council  to  do  and  perform  any  act  or  thing,  and 
the  manner  of  exercising  the  same  is  not  specifically  pointed 
out,  the  city  council  may  provide  by  ordinance  the  manner  and 
details  necessary  for  the  full  exercise  of  such  power. 
Duties  of  City  Officers. 

§  271.  [SEC.  2.]  The  duties,  powers  and  privileges  of  all 
officers  in  any  way  connected  with  the  city  government  not 
herein  denned,  and  the  defining  by  this  act  of  the  duties  of  city 
officers,  shall  not  preclude  the  city  council  from  defining,  by 
ordinance,  further  and  additional  duties  to  be  performed  by  any 
such  officer. 

7 


98  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

Limit  of  Fine  and  Imprisonment. 

§  272.  [SEC.  3.]  The  city  council  may  pass  all  ordinances 
necessary  to  carry  into  effect  any  of  the  powers  herein  granted, 
and  may  prescribe  punishments  for  any  violation  of  the  same  ; 
Provided,  that  such  punishments  be  by  fine  in  any  sum  less 
than  three  hundred  dollars,  or  by  imprisonment  not  exceeding 
six  months,  or  both. 

Supplemental  to  Charters. 

§  273.  [SEC.  5.]  Article  IV;  section  3  of  article  V ;  sec- 
tions 1,  2,  3,  4,  5,  7,  8,  9,  10,  11  and  12  of  article  VI ;  section  4 
of  article  X  ;  article  XI ;  subdivisions  2,  3,  4  and  5  of  section  2 
of  article  XIV  ;  article  XV  ;  articles  XVII,  XVIII,  XIX,  and 
sections  1,  2  and  3  of  article  XX,  of  this  act,  are  hereby  made 
applicable  to  all  incorporated  cities  now  organized  in  this  Terri- 
tory, and  shall  be  construed  to  be  cumulative  and  supplemental 
to  the  charters  of  said  cities. 

When  in  Force. 

§  274.  [SEC.  6.]  This  act  shall  take  effect  from  and  after 
its  passage  and  approval. 

[March  8,  1888.] 


MUNICIPAL  CHAKTERS. 


AN  ACT  SUPPLEMENTING  AND  AMENDING  THE 
CHARTERS,  AND  DEFINING,  PRESCRIBING 
AND  REGULATING  THE  POWERS,  DUTIES 
AND  GOVERNMENT  OF  CITIES  OF  THE 
FIRST  AND  SECOND  CLASS. 

APPROVED  MARCH  13,  1890. 


Streets,  Sidewalks,  Pavements,  etc. 

§  275.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  That  the  city 
council  of  each  city  of  the  first  and  second  class  in  the  Terri- 
tory of  Utah  shall  have  the  following  powers:  To  lay  out, 
establish,  open,  alter,  extend,  widen  and  improve  streets,  alleys, 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  99 

avenues,  sidewalks,  parks  and  public  grounds,  and  vacate  the 
same,  and  to  grade,  curb  and  gutter,  park  and  beautify  or  other- 
wise improve  and  keep  in  good  repair,  or  cause  the  same  to  be 
done  in  any  manner  they  may  deem  proper,  any  park,  street, 
avenue  or  alley  within  the  limits  of  the  city,  and  may  grade 
partially  or  to  the  established  grade,  or  park  or  otherwise  im- 
prove any  part  of  such  street,  avenue  or  alley,  and  may  also 
construct  and  repair,  or  cause  and  compel  the  construction  and 
repair  of  sidewalks  in  such  city,  of  such  material  and  in  such 
manner  as  they  may  deem  proper  and  necessary;  and  to  defray 
or  cause  to  be  defrayed  the  cost  and  expense  of  such  improve- 
ments or  any  of  them,  the  council  of  such  city  shall  have 
power  and  authority  to  levy  and  collect  special  taxes  and  assess- 
ments upon  the  'blocks,  lots  or  parts  thereof,  and  pieces  of 
ground  adjacent  to  or  abutting  upon  the  street,  avenue,  alley  or 
sidewalk  thus  in  whole  or  in  part  opened,  widened,  curbed  and 
guttered,  graded,  parked,  extended,  constructed  or  otherwise 
improved  or  repaired,  or  which  may  be  especially  benefited  by 
any  of  said  improvements;  Provided,  that  the  above  provisions 
shall  not  apply  to  ordinary  repairs  of  streets  or  alleys,  and  one- 
half  of  the  expense  of  bringing  streets,  avenues,  alleys  or  parts 
thereof  to  the  established  grade  shall  be  paid  out  of  the  general 
fund  of  the  city ;  and  such  council  shall  have  power  to  pave, 
repave  or  macadamize  any  street  or  alley,  or  part  thereof,  in  the 
city,  and  for  that  purpose  to  create  suitable  paving  districts, 
which  shall  be  consecutively  numbered,  such  work  to  be  done 
under  contract,  and  under  the  superintendence  of  the  board  of 
public  works  of  the  city. 

The  cost  of  paving,  macadamizing  or  repaving  of  the  streets 
and  alleys  within  any  paving  district,  except  the  intersection  of 
streets  and  space  opposite  alleys  within  such  district,  shall  be 
assessed  upon  the  lots  and  lands  abutting  upon  the  streets  and 
alleys  in  such  district,  in  proportion  to  the  square  feet  or  feet 
front,  or  both,  so  abutting  upon  such  streets  and  alleys.  The 
assessments  of  special  taxes  for  paving  purposes  herein  pro- 
vided for  shall  be  made  as  follows: 

The  total  costs  of  the  improvements  shall  be  levied  at  one 
time  upon  the  property  and  become  delinquent  as  herein  pro- 
vided : 


100  SALT   LAKE   CITY   CHAETEB   AND   AMENDMENTS. 

One-tenth  (1-10)  of  the  total  amount  shall  be  delinquent  in 
fifty  days  after  such  levy,  one-tenth  (1-10)  in  one  year,  one- 
tenth  (1-10)  in  two  years,  one-tenth  (1-10)  in  three  years, 
one-tenth  (1-10)  in  four  years,  one-tenth  (1-10)  in  five  years, 
one-tenth  (1-10)  in  six  years,  one-tenth  (1-10)  in  seven  years, 
one-tenth  (1-10)  in  eight  years,  and  one-tenth  (1-10)  in  nine 
years;  each  of  said  installments  except  the  first  shall  draw 
interest  at  the  rate  of  seven  per  cent,  per  annum  from  the  time 
of  levy  aforesaid  until  the  same  shall  become  delinquent,  and 
after  the  same  shall  become  delinquent  interest  at  the  rate  of 
ten  per  cent,  per  annum  shall  be  paid  thereon;  * Provided, 
that  in  cities  of  the  first  and  second  class  said  total  costs  of 
the  improvements  shall  become  delinquent  at  such  time  or 
times  and  in  such  installments,  or  the  entire  sum  at  one  time,  as 
the  city  council  of  such  city  may  prescribe;  Provided,  that 
such  entire  sum  shall  not  become  delinquent  in  a  less  time  than 
one  year.* 

Such  taxes  shall  be  collected  and  enforced  as  in  other  cases 
of  special  taxes.  In  cases  of  omission,  errors  or  mistakes,  in 
making  such  assessment  or  levy  in  respect  of  the  total  cost  of 
the  improvements,  or  deficiencies  or  otherwise,  it  shall  be  com- 
petent for  the  council  to  make  a  supplemental  assessment  and 
levy  to  supply  such  deficiencies  and  omissions,  errors  or  mis- 
takes. The  cost  of  paving,  macadamizing  or  repaving  the  in- 
tersections of  streets  and  space  opposite  alleys  in  any  paving 
district,  shall  be  paid  by  the  city  as  hereinafter  provided;  but 
nothing  herein  contained  shall  be  construed  to  exempt  any 
street  railway  company  from  keeping  every  portion  of  every 
street,  avenue  and  alley  used  by  it,  upon  or  across  which  its 
track  shall  be  constructed,  at  or  near  the  grade  of  such  streets, 
in  good  and  safe  condition  for  public  travel  and  shall  keep  the 
same  plank-paved,  macadamized  or  otherwise  in  such  condition 
for  public  travel  as  the  city  council  of  such  city  may  from  time 
to  time  direct,  keeping  the  plank-pavement  or  other  surface  of 
the  street  or  alley  level  with  the  top  of  the  rails  of  the  track  of 
such  street  railway.  The  portions  of  the  streets  or  alleys  to  be 
so  kept  and  maintained  by  all  such  street  railway  companies 

*  The  provisos  included  between  the  asterisks  were  approved  March  10, 1892. 


SALT   LAKE   CITY   CHARTEE   AND   AMENDMENTS.  101 

shall  include  all  the  space  between  its  different  rails  and  tracks 
and  also  a  space  outside  of  the  outside  rail  of  each  outside 
track  of  at  least  two  feet  in  width,  and  the  tracks  herein  re- 
ferred to  shall  include  not  only  the  main  tracks,  but  also  all 
side  tracks,  crossings  and  turnouts,  constructed  for  the  use  of 
such  street  railways. 

If  any  company  shall  have  laid  tracks  upon  the  streets  or 
highways  of  any  city  and  failed  to  operate  them  with  cars  for 
public  use  for  the  period  of  nine  months  after  the  laying  there- 
of, such  tracks  may  be  declared  a  nuisance  and  taken  up  by  the 
city  and  removed. 

For  the  purpose  of  paying  the  cost  of  paving,  macadamiz- 
ing or  repaving  the  streets  and  alleys  in  any  paving  district, 
exclusive  of  the  intersections  of  street  and  space  opposite  alleys 
therein,  the  council  shall  have  power,  and  may  by  ordinance 
cause  to  be  issued  bonds  of  the  city,  to  be  called  "  District  Pav- 
ing Bonds  of  District  No.  "  payable  in  not  exceeding  ten 

years  from  date,  and  to  bear  interest,  payable  annually,  not  ex- 
ceeding the  rate  of  six  per  cent,  per  annum,  with  interest  coupons 
attached,  and  in  such  case  shall  also  provide  that  said  special 
taxes  and  assessments  shall  constitute  a  sinking  fund  for  the 
payment  of  said  bonds  and  interest,  and  said  bonds  shall  not  be 
sold  for  less  than  their  par  value,  provided  that  the  entire  cost 
of  paving,  repaving  or  macadamizing  any  such  streets,  avenues 
or  alleys,  properly  chargeable  to  any  blocks,  lots  of  lands  or  part 
thereof  within  any  such  paving  district  according  to  the  front 
feet  or  square  feet  thereof  may  be  paid  by  the  owner  of  such 
lots  or  lands  within  fifty  days  from  the  levy  of  such  special 
taxes,  and  thereupon  such  lots  or  lands  shall  be  exempt  from 
any  lien  or  charge  therefor. 

Whenever  the  council  deem  it  expedient,  they  shall  have 
power,  for  the  purpose  of  paying  the  cost  of  paving,  repaving 
or  macadamizing  the  intersection  of  streets  and  spaces  oppo- 
site alleys  in  the  city,  to  issue  bonds  of  the  city,  to  run  not  more 
than  twenty  years,  and  to  bear  interest  payable  semi-annually  at 
a  rate  not  exceeding  six  per  cent,  per  annum,  with  coupons  at- 
tached, to  be  called  "paving  bonds,"  and  which  shall  not  be  sold 
for  less  than  their  par  value,  and  the  proceeds  of  which  shall  be 


102  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

used  for  no  other  purpose  than  paying  the  cost  of  paving,  re- 
paving  or  macadamizing  the  intersections  of  streets  and  alleys 
in  the  city.  Provided,  that  the  aggregate  amount  of  such 
bonds  issued  in  any  one  year  shall  not  exceed  the  sum  of  one 
hundred  thousand  dollars  ($100,000);  and  if  in  any  such  city 
there  shall  be  any  real  estate  not  subject  to  assessment  of  spe- 
cial taxes  for  paving  purposes,  the  council  shall  have  the  power 
to  pave  in  front  of  the  same  and  to  pay  the  cost  thereof  that 
would  otherwise  be  chargeable  on  such  real  estate,  in  the  same 
manner  as  herein  provided  for  the  paving  of  intersection  of 
streets  and  paying  therefor.  The  word  "lot"  as  in  this  act  used 
shall  be  taken  to  mean  any  subdivided  real  estate.  The  word 
"lands"  shall  mean  any  unsubdivided  real  estate.  The  word 
"street"  shall  be  deemed  to  include  boulevard  and  avenue. 

Provided,  that  if  the  lots  and  real  estate  abutting  upon 
that  part  of  the  street  ordered  paved,  repaved  or  macadamized, 
as  shown  upon  any  such  recorded  plat  or  map,  are  not  of  uni- 
form depth,  or  if  for  any  other  reason  it  shall  appear  just  and 
proper  to  the  council,  the  council  are  authorized  and  empowered 
to  determine  and  establish  the  depth  to  which  the  real  estate 
shall  be  charged  and  assessed  with  the  cost  of  the  improvement, 
and  such  depth  shall  be  determined  and  established  according  to 
the  benefits  accruing  to  the  property  by  reason  of  the  improve- 
ment. The  council  shall  include  in  the  paving  district  all  the 
real  estate  to  be  benefited  by  such  improvement,  and  shall  cause 
It  to  be  charged  and  assessed  with  the  cost  of  such  paving  or 
improvement  as  in  this  section  hereinafter  provided.  The  pro- 
visions of  this  section  in  regard  to  the  depth  to  which  real 
estate  may  be  charged  and  assessed,  shall  apply  to  all  special 
taxes  that  may  be  levied,  except  for  sidewalk  in  proportion  to 
the  front  or  square  feet.  Whenever  curbing,  or  curbing  and 
guttering  is  done  upon  any  street  or  avenue  in  any  paving  dis- 
trict in  which  paving  has  been  ordered,  and  the  council  shall 
deem  expedient  so  to  do,  they  shall  have  power  and  authority, 
for  the  purpose  of  paying  the  cost  of  such  curbing  and  guttering 
to  cause  to  be  issued  bonds  of  the  city,  to  be  called  "Curbing 
and  Guttering  Bonds  of  Paving  District  No —  — ,"  payable  in 
not  exceeding  ten  years  from  date,  and  to  bear  interest  payable 
annually,  not  exceeding  the  rate  of  six  per  cent,  per  annum,  with 


SALT   LAKE   CITY   CHARTEK   AND   AMENDMENTS.  103 

interest  coupons  attached,  and  in  such  case,  shall  assess  at  one 
time  the  total  cost  of  such  curbing  and  guttering,  or  curb- 
ing, as  the  case  may  be,  upon  the  property  abutting  or 
adjacent  to  the  portion  of  the  street  or  avenue  so  improved, 
according  to  special  benefits;  such  assessment  to  become  delin- 
quent the  same  as  the  assessment  of  special  taxes  for  paving 
purposes,  and  to  draw  the  same  rate  of  interest  and  be  subject 
to  the  penalties,  and  may  be  paid  in  the  same  manner  as  special 
taxes  for  paving  purposes,  and  the  special  taxes  so  assessed 
shall  constitute  a  sinking  fund  for  the  payment  of  said  bonds 
and  interest,  and  said  bonds  shall  not  be  sold  for  less  than  their 
par  value;  and  no  such  special  tax  shall  be  declared  void,  nor  shall 
any  such  assessment  or  part  thereof  be  set  aside,  in  consequence 
of  any  error  or  irregularity  committed  or  appearing  in  any  of 
the  proceedings  under  this  act  or  the  acts  of  which  it  is  amend- 
atory; but  any  party  feeling  aggrieved  by  any  such  special  tax 
or  assessment  or  proceeding  may  pay  the  said  special  taxes  as- 
sessed or  levied  upon  his,  her  or  its  property,  or  such  install- 
ments thereof  as  may  be  due,  at  any  time  before  the  same  shall 
become  delinquent,  under  protest,  and  with  notice  in  writing  to 
the  city  collector  that  he  intends  to  sue  to  recover  the  same, 
which  notice  shall  particularly  state  the  alleged  grievance  and 
grounds  thereof,  whereupon  such  party  shall  have  the  right  to 
bring  a  civil  action  within,  sixty  days  thereafter,  and  not  later, 
to  recover  so  much  of  the  special  taxes  paid  as  he  shall  show  to 
be  illegal,  inequitable  and  unjust,  the  cost  to  follow  the  judg- 
ment, to  be  apportioned  by  the  court  as  may  seem  proper,  which 
remedy  shall  be  exclusive.  The  city  collector  shall  promptly 
report  all  such  notices  to  the  city  council  for  such  action  as  may 
be  proper.  No  court  shall  entertain  any  complaint  that  the 
party  was  authorized  to  make  and  did  not  make  to  the  city 
council  sitting  as  a  board  of  equalization,  nor  any  complaint 
not  specified  in  said  notice  fully  enough  to  advise  the  city  of  the 
exact  nature  thereof;  nor  any  complaint  that  does  not  go  to  the 
groundwork,  equity  and  justice  of  the  tax.  The  burden  of  proof 
to  show  such  tax  or  part  thereof  invalid,  inequitable  or  unjust 
shall  rest  upon  the  party  who  brings  such  suit. 

Provided,  that  the  city  council  shall  provide  by  ordinance 
that  upon  the  levying  of  any  tax  under  the  provisions  of  this 


104  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

act  and  the  completion  of  the  list  or  lists  of  the  property  in  any 
of  the  districts  taxed,  five  of  its  members  shall  be  appointed  as 
a  board  of  equalization  and  review,  and  the  list  or  lists  shall  be 
placed  in  the  hands  of  said  board,  and  the  said  board  shall  give 
public  notice  of  the  completion  of  the  said  lists  and  appoint 
not  less  than  five  consecutive  days  upon  which  they  will  meet 
during  the  usual  business  hours,  and  state  the  place  of  its  meet- 
ing, and  during  the  time  specified  the  said  list  or  lists  shall  be 
open  to  public  inspection,  and  any  person  or  persons  feeling 
themselves  aggrieved  shall  have  hearing  before  said  board,  and 
the  said  board  shall  have  the  authority  to  make  correction  of 
any  tax  deemed  by  them  unequal  or  unjust. 

Railways  Required  to  Pave. 

§  276.  [  SEC.  2.  ]  All  horse,  cable,  steam,  electric  or  other 
railway  companies  now  existing  or  hereafter  created  in  any  city 
already  incorporated  or  hereafter  organized  shall  be  required 
to  pave  or  repave  at  their  own  cost  all  the  space  between  its 
different  rails  arid  tracks  and  also  a  space  two  feet  wide  outside 
of  the  outside  rails  of  the  outside  tracks,  and  the  tracks  herein 
referred  to  shall  include  not  only  the  main  tracks  but  also  all 
side  tracks,  crossings  and  turnouts  u"sed  by  such  companies, 
and  where  two  or  more  companies  occupy  the  same  street  or 
alley  with  separate  tracks,  then  each  company  shall  be  respon- 
sible for  its  proportion  of  the  surface  of  the  street  or  alley  occu- 
pied by  all  the  parallel  tracks  as  herein  required.  Such  paving 
or  repaving  by  such  railway  companies  shall  be  done  at  the 
same  time  and  shall  be  of  the  same  material  and  character  as 
the  paving  or  repaving  of  the  streets  or  alleys  upon  which  said 
railway  track  or  tracks  are  located,  unless  other  material  be  spe- 
cially ordered  by  the  board  of  public  works. 

Such  railway  companies  shall  be  required  to  keep  that  por- 
tion of  the  street  which  they  are  herein  required  to  pave  or 
repave  in  good  and  proper  repair,  using  for  said  purpose  the 
same  material  as  the  street  upon  which  the  track  or  tracks  are 
laid  at  the  point  of  repair,  or  such  other  material  as  the  board 
of  public  works  may  require  and  order ;  and  as  streets  are  here- 
after paved,  or  repaved.  street  railway  companies  shall  be  re- 
quired to  lay,  in  the  best  approved  manner,  a  rail  to  be  approved 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  105 

by  the  board  of  public  works.  The  tracks  of  all  railway  com- 
panies, when  located  upon  the  streets  or  avenues  of  the  city, 
shall  be  kept  in  repair  and  safe  in  all  respects  for  the  use  of  the 
traveling  public,  and  said  companies  shall  be  liable  for  all  dam- 
ages resulting  by  reason  of  neglect  to  keep  such  tracks  in  repair, 
or  for  obstructing  the  streets  or  avenues  of  such  city.  For  in- 
juries to  persons  or  property  arising  from  the  failure  of  such 
company  to  keep  their  tracks  in  proper  repair  and  free  from 
obstructions,  such  company  shall  be  liable  and  the  city  shall  be 
exempt  from  liability.  The  word  "companies"  as  used  in  this 
act  shall  be  taken  to  mean  and  include  any  persons,  companies, 
corporations  or  associations  owning  or  operating  any  street  or 
other  railway  in  any  such  city. 

Refusal  by  Railway  Company  to  Pave. 

§  277.  [SEC.  3.]  In  the  event  of  the  refusal  of  such  com- 
pany to  pave,  repave  or  repair  as  required  in  the  foregoing 
sections,  when  so  directed  by  the  council,  upon  the  paving  or 
repaving  of  any  street  upon  which  their  track  is  laid,  the  coun- 
cil shall  have  power  to  pa  ye,  repave  or  repair  the  same,  and  the 
cost  and  expense  of  such  paving,  repaving  or  repairing  may  be 
collected  by  levy  and  sale  of  any  property  of  said  street  railway 
company,  in  the  same  manner  as  special  taxes  are  now  or  may 
be  collected.  Special  taxes  for  the  purpose  of  paying  the  cost 
of  any  such  paving  or  repaving,  macadamizing  or  repairing  of 
any  such  street  railway,  may  be  levied  upon  the  track,  including 
the  ties,  iron,  roadbed  and  right  of  way,  side-tracks  and  appur- 
tenances, including  buildings  and  real  estate  belonging  to  any 
such  company  or  person  and  used  for  the  purpose  of  such  street 
railway  business,  all  as  one  property;  or  upon  such  parts  of 
such  track,  appurtenances  and  property,  or  any  part  thereof,  as 
may  be  within  the  district  paved,  repaved,  macadamized  or 
repaired,  and  shall  be  a  lien  upon  the  property  levied  upon 
from  the  time  of  the  levy  until  satisfied.  No  mortgage,  convey- 
ance, pledge,  transfer  or  incumbrance  of  any  such  property,  or 
of  any  rolling  stock  or  personal  property  of  any  such  company 
or  person,  created  or  suffered  by  a  company  or  party,  after  the 
time  when  any  street  or  part  thereof,  upon  which  any  street  rail- 
way shall  have  been  laid,  shall  have  been  ordered  paved,  re- 


106  SALT   LAKE   CITY   CHARTER    AND   AMENDMENTS. 

paved,  macadamized  or  repaired,  shall  be  made  or  suffered 
except  subject  to  the  lien  of  such  special  taxes,  if  such  levy  be- 
in  contemplation.  The  city  collector  shall  have  the  power  and 
authority  to  seize  any  personal  property  belonging  to  any  such 
person  or  company  for  the  satisfaction  of  any  such  special 
taxes  when  delinquent,  and  to  sell  the  same  upon  advertisement 
and  in  the  same  manner  as  constables  are  now  or  may  be  author- 
ized to  sell  personal  property,  upon  execution  at  law;  but  fail- 
ure so  to  do  shall  in  no  wise  affect  or  impair  the  lien  of  the  tax 
or  any  proceeding  allowed  by  law  for  the  enforcement  thereof. 
The  railroad  track  or  any  other  property  upon  which  such 
special  taxes  shall  be  levied,  or  so  much  thereof  as  may  be 
necessary,  may  be  sold  for  the  payment  of  such  special  taxes 
in  the  same  manner  and  with  the  same  effect  as  real  estate  upon 
which  such  special  taxes  may  be  levied  may  be  sold. 

It  shall  also  be  competent  for  any  such  city  to  bring  a  civil 
action  against  any  party  owning  or  operating  any  such  street 
railway,  and  liable  to  pay  said  taxes,  to  recover  the  amount 
thereof,  or  any  part  thereof  delinquent  and  unpaid,  in  any  court 
having  jurisdiction  of  the  amount,  and  obtain  judgment,  and 
have  the  execution  therefor,  and  no  property,  real  or  personal, 
shall  be  exempt  from  any  such  execution. 

Provided,  that  real  estate  shall  not  be  levied  upon  by 
execution  except  by  execution  out  of  the  district  court  on  the 
judgment  therein,  or  transcript  of  judgment  filed  therein,  as  is 
now  or  hereafter  may  be  provided  by  law.  No  defense  shall  be 
allowed  in  any  such  civil  action  except  such  as  goes  to  the 
groundwork,  equity  and  justice  of  the  tax,  and  the  burden  of 
proof  shall  rest  upon  the  party  assailing  the  tax.  In  case  part 
of  such  special  tax  shall  be  shown  to  be  invalid,  unjust  and 
inequitable,  judgment  shall  be  rendered  for  such  amount  as  is 
just  and  equitable.  It  shall  be  competent  for  the  council,  upon 
the  written  application  of  any  company,  association,  corpora- 
tion or  person  owning  any  such  street  railway,  to  provide  that 
such  special  taxes  shall  become  delinquent  and  be  payable  in 
installments,  as  in  case  of  taxes  levied  upon  abutting  real  estate- 
as  hereinafter  provided,  but  such  application  shall  be  taken  and 
deemed  a  waiver  of  any  and  all  objections  to  such  taxes  and  the- 
validity  thereof.  Such  application  shall  be  made  at  or  before- 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  107 

the  final  levy  of  such  taxes.  The  provision  of  this  act  in  regard 
to  the  levy,  collection  and  enforcement  of  special  taxes  to  pay 
the  costs  of  paving,  repaving,  macadamizing  or  repairing  be- 
tween the  rails  of  street  railways  shall  apply  to  such  special 
taxes  hereafter  levied. 

Water,  Gas  and  Sewer  Connections. 

§  278.  [SEC.  4]  The  council  shall  have  power,  in  any 
paving  district,  and  it  shall  be  their  duty,  before  the  work  of 
paving  or  repaving  is  done  therein,  to  require  water,  gas  and 
sewer  connections  to  be  made  under  such  regulations  and  at 
such  distances  from  the  street  mains  to  the  line  of  the  property 
abutting  upon  the  street  ordered  paved  or  repaved,  as  may  be 
prescribed  by  ordinance,  and  shall  require  that  such  water-pipe 
connections  may  be  made  by  any  water  works  company  owning 
the  water  pipe  main,  and  that  such  gas  pipe  connections  may  be- 
made  by  any  gas  pipe  company  owning  the  gas  pipe  main.  And 
upon  neglect  or  failure  of  the  water  or  gas  companies  to  uo  th& 
same,  the  board  of  public  works  may  cause  the  same  to  be  done, 
and  the  cost  thereof  shall  be  deducted  from  any  indebtedness  of 
the  city  to  such  companies,  and  no  bills  shall  be  paid  to  the  said 
companies  by  the  city  until  all  such  expense  for  pipe  laying 
shall  have  been  liquidated.  And  the  council  shall  also  have 
power,  at  any  time,  to  assess  the  cost  of  any  sewer  connections 
and  also  of  any  water  connections  when  the  city  owns  the  water 
and  water  pipe  main  upon  the  property  opposite  such  connec- 
tions, and  to  such  depth  as  the  council,  sitting  as  a  board  of 
equalization,  shall  deem  just  and  equitable. 

Assessments  to  be  Equal  and  Uniform. 

§  279.  [  SEC.  5.  ]  All  special  taxes  to  cover  the  cost  of  any 
public  improvement  herein  authorized  shall  be  levied  and  as- 
sessed on  all  blocks,  lots,  parts  of  blocks  and  lots,  lands  and  real 
estate  bounding,  abutting  or  adjacent  to  such  (improvements  or 
within  the  districts  created  for  the  purpose  of  making  such  im- 
provement, to  the  extent  of  the  benefits  to  such)  lots,  parts  of 
lots,  lands  and  real  estate  by  reason  of  such  improvement,  such 
benefits  to  be  equal  and  uniform.  Such  assessments  may  be 
according  to  the  square  foot  or  foot  frontage,  and  may  be  pro- 
rated and  scaled  back  from  the  line  of  such  improvement  and 


108  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

an  allowance  made  for  corner  lots  so  that  they  shall  not  be  as- 
sessed at  full  rate  on  both  streets,  according  to  such  rules  as  the 
board  of  equalization  shall  consider  fair  and  equitable;  and  all 
such  assessment  and  finding  of  benefits  shall  not  be  subject  to 
review  in  any  legal  or  equitable  action,  except  for  fraud,  gross 
injustice  or  mistake.  Provided,  that  when  any  public  improve- 
ment shall  extend  into  or  through  any  unsubdivided  tract  or 
parcel  or  parcels  of  land,  said  taxes  shall  be  levied  so  as  not  to 
be  charged  against  the  real  estate  adjoining  such  improvement 
ior  a  greater  depth  than  the  average  distance  through  the  sub- 
divided real  estate  to  be  taxed  for  said  purpose. 

Description  of  Property. 

§  280.  [SEC.  6.]  It  shall  be  sufficient,  in  any  case,  in 
making  a  levy  or  assessment  of  any  tax,  to  describe  the  lot  or 
piece  of  ground  as  the  same  is  platted  and  recorded,  although 
the  same  may  belong  to  several  persons;  but  in  case  any  lot  or 
piece  of  ground  belongs  to  different  persons,  the  owner  of  any 
part  thereof  may  pay  his  proportion  of  the  tax  on  such  lot  or 
piece  of  ground,  and  his  proper  share  may  be  determined  by 
the  city  collector. 

Cost  of*  Work  at  Intersections. 

§  281.  [SEC.  7.]  The  cost  and  expense  of  grading,  filling, 
culverting,  curbing,  guttering  or  otherwise  improving,  construct- 
ing or  repairing  streets,  avenues,  alleys  and  sidewalks  at  their 
intersections,  may  be  included  in  the  special  tax  levied  for  the 
construction  or  improvement  of  any  one  street,  avenue,  alley  or 
sidewalk,  as  may  be  deemed  best  by  the  council. 

When  Special  Taxes  May  Be  Levied. 

§  282.  [SEC.  8.]  Special  taxes  may  be  levied  as  the  im- 
provements are  completed  in  front  of  or  along,  or  upon  any 
block  or  lot  or  part  thereof  or  piece  of  ground,  or  at  the  time 
the  improvement  is  entirely  completed,  or  otherwise,  as  shall  be 
provided  in  the  ordinance  levying  the  tax. 

Collector  to  drive  Notice  of  Delinquency. 

§  283.  [SEC.  9.]  When  any  special  tax  is  levied  it  shall 
be  the  duty  of  the  city  recorder  to  deliver  to  the  city  collector 
.a  certified  copy  of  the  ordinance  levying  such  tax,  and  such  col- 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS.  109' 

lector  shall,  without  delay,  give  at  least  five  days'  notice  in  one  or 
more  newspapers  having  general  circulation  in  said  city,  of  the 
time  when  such  tax  will  become  delinquent. 

Sewers  and  Drains. 

§  284.  [SEC.  10.]  Special  taxes  may  be  levied  by  the 
council  for  the  purpose  of  paying  the  cost  of  constructing  or 
reconstructing  sewers  or  drains  within  the  city  ;  such  taxes  to 
be  levied  on  the  real  estate  lying  and  being  within  the  sewer- 
age district  in  which  such  sewerage  or  drain  may  be  situated, 
to  the  extent  of  the  benefits  to  such  property,  by  reason  of 
such  improvement,  the  benefits  to  such  property  to  be  deter- 
mined by  the  council,  sitting  as  a  board  of  equalization  ;  Pro- 
vided, that  in  cases  where  the  council  sitting  as  such  board  of 
equalization,  shall  find  such  benefits  to  be  equal  and  uniform,, 
such  levy  may  be  according  to  the  front  feet  or  square  feet  of 
lots  or  real  estate  within  said  sewerage  district,  or  according  to 
such  other  rule  as  the  council,  sitting  as  such  board  of  equaliza- 
tion, may  adopt  for  such  distribution  or  adjustment  of  such  cost 
upon  the  lots  or  real  estate  in  such  district  benefited  by  such 
improvement ;  and  all  taxes  or  assessments  made  for  sewerage 
or  drainage  purposes  shall  be  collected  in  the  same  manner  as 
other  special  assessments,  and  shall  be  subject  to  the  same 
penalty. 

Board  of  Public  Works. 

§  285.  [SEC.  11.]  There  shall  be  in  each  city  of  the  first 
class  a  board  of  public  works,  which  shall  consist  of  five  mem- 
bers, residents  and  freeholders  of  the  city,  to  be  appointed  by 
the  council  before  the  first  Monday  of  July,  1890,  for  the  term 
of  two  years.  The  council  shall  designate  one  of  the  members 
of  such  board  to  be  the  chairman  thereof.  The  salaries  of  the 
members  of  such  board  of  public  works  shall  be  fixed  by  ordi- 
nance, and  the  salary  of  the  chairman  shall  not  exceed  fifteen 
hundred  ($1,500)  dollars  per  annum  and  the  salary  of  each  of 
the  other  members  shall  not  exceed  the  sum  of  fivB  hundred 
($500)  dollars  per  annum.  Each  member  of  said  board  shallr 
before  entering  upon  the  discharge  of  his  duties,  take  an  oath 
to  faithfully  discharge  the  duties  of  his  office,  and  enter  into  a 


110  SALT  LAKE  CITY  CHARTER  AND  AMENDMENTS. 

bond  to  such  city  with  two  or  more  good  and  sufficient  sureties, 
to  be  approved  by  the  couneil,  the  bond  of  the  chairman  to  be 
in  the  sum  of  fifteen  thousand  ($15,000)  dollars,  each  condi- 
tioned for  the  faithful  performance  of  his  duties  as  a  member 
of  such  board  of  public  works. 

The  chairman  of  such  board  shall  devote  all  necessary  time 
to  the  performance  of  his  official  duty,  and  no  member  of  such 
board  shall  ever  be,  directly  or  indirectly,  interested  in  any  con- 
tract entered  into  by  them  on  behalf  of  such  city,  nor  shall  he 
be  interested,  either  directly  or  indirectly,  in  the  purchase  of  any 
material  to  be  used  or  applied  in  or  about  the  use  or  purposes 
contemplated  by  this  act.  It  shall  be  the  duty  of  such  board  of 
public  works,  and  it  shall  have  power  to  make  contracts  on 
behalf  of  the  city,  for  the  performance  of  all  such  work  and  the 
erection  of  all  such  improvements  as  may  be  ordered  by  the 
council,  but  all  such  contracts  shall  be  subject  to  the  approval 
or  rejection  of  the  council  ;  to  superintend  the  performance  of 
all  such  work  and  the  erection  of  such  improvements,  except  the 
supervision  of  the  construction  of  city  halls,  market  houses,  jails 
or  other  public  buildings.  It  shall  also  be  the  duty  of  said 
board  to  approve  the  estimates  of  the  city  engineer  which  may 
be  made  from  time  to  time,  of  the  value  of  work  as  the  same 
may  progress  ;  to  accept  any  work  done  or  improvement  made, 
when  the  same  shall  be  fully  completed  according  to  contract, 
subject,  however,  to  the  approval  of  the  council,  and  to  perform 
such  other  duties  as  may  be  devolved  upon  them  by  ordinance. 
Any  member  of  such  board  may  at  any  time  be  removed  from 
office  by  a  vote  of  two-thirds  of  the  members  of  the  council,  for 
sufficient  cause,  and  the  proceedings  in  that  behalf  shall  be  en- 
tered in  the  journal  of  the  council  ;  Provided,  that  the  council 
shall  previously  cause  a  copy  of  the  charges  preferred  against 
such  member  sought  to  be  removed,  and  notice  of  the  time  and 
place  of  hearing  the  same,  to  be  served  on  him  at  least  ten  days 
previous  to  the  time  so  assigned,  and  opportunity  to  be  given 
him  to  make  his  defense. 

I. i in  i I  of  the  Bonded  Indebtedness. 

§  286.  [SEC.  12.]  Nothing  in  this  act  shall  be  so  con- 
strued or  held  to  authorize  any  city  of  the  "first  or  second  class" 


SALT   LAKE   CITY  CHABTEE   AND   AMENDMENTS.  Ill 

to  issue  bonds  of  the  city  either  as  district  bonds,  for  paving  the 
streets,  or  for  paving  said  street  intersections,  or  spaces  opposite 
alleys  in  said  city,  or  for  any  purpose  whatever,  to  any  amount 
beyond  that  fixed  as  the  limit  of  the  bonded  indebtedness  of 
said  city  by  congressional  enactment. 

Notice  of  Intention  to  Levy  Taxes. 

§  287.  [SEC.  13.]  In  all  cases  before  the  levy  of  any 
taxes  for  any  improvements  provided  for  in  this  act  the  city 
council  shall  give  notice  of  intention  to  levy  said  taxes,  naming 
the  purposes  for  which  the  taxes  are  to  be  levied,  which  notice 
shall  be  published  at  least  twenty  days  in  a  newspaper  published 
within  such  city.  Such  notice  shall  describe  the  improvements 
so  proposed,  the  boundaries  of  the  district  to  be  affected  or  ben- 
efited by  such  improvements;  the  estimated  cost  of  such  im- 
provements and  designate  the  time  set  for  such  hearing.  If  at 
or  before  the  time  so  fixed  written  objections  to  such  improve- 
ments signed  by  the  owners  of  one-half  of  the  front  feet  abut- 
ting upon  that  portion  of  the  street,  lane,  avenue  or  alley  to  be 
so  improved  be  not  filed  with  the  recorder  the  council  shall  be 
deemed  to  have  acquired  jurisdiction  to  order  the  making  of 
such  improvements. 

When  Act  Took  Effect. 

§  288.     [SEC.  14]     This  act  shall  take  effect  on  the  first 
day  of  May,  one  thousand  eight  hundred  and  ninety. 
[March  13,  1890.] 


LAYING  OUT  AND  PLATTING  TOWNS. 


AN  ACT  CONCEENING  THE  LAYING  OUT  AND  PLAT- 
TING OF  TOWNS. 

APPROVED  MARCH  13,  1890. 


Owner  or  Trustee  May  Plat. 

§289.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  That  it  shall 
be  lawful  for  any  owner  or  owners  of  any  land,  or  any  trustee 


112  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

* 

or  trustees  selected  by  such  owners,  to  lay  out  and  plat  such 
land  into  lots,  streets,  alleys  and  public  places. 

Accurate  Map  to  be  Made  Out. 

§  290.  [SEC.  2.]  Whenever  any  lands  are  hereafter  laid 
out  and  platted  as  mentioned  in  section  one,  the  owner  or  owners 
of  the  same,  or  any  trustee  or  trustees  selected  by  such  owner 
or  owners,  shall  cause  to  be  made  out  an  accurate  map  or  plat 
thereof,  particularly  setting  forth  and  describing: 

First — All  the  parcels  of  ground  so  laid  out  and  platted  by 
their  boundaries,  course  and  extent,  and  whether  they  are  in- 
tended for  avenues,  streets,  lanes,  alleys,  commons  or  other 
public  uses,  together  with  such  as  may  be  reserved  for  public 
purposes. 

Second — All  lots  intended  for  sale  by  numbers  and  their 
precise  length  and  width. 

Acknowledgment  Required— Filed  for  Record. 

§  291.  [  SEC.  3.  ]  Such  map  or  plat  shall  be  acknowledged 
by  such  owner  or  owners,  or  trustee,  before  some  officer  author- 
ized by  law  to  take  the  acknowledgment  of  conveyances  of  real 
estate,  and  certified  by  the  surveyor  making  such  plat,  and  shall 
be  filed  and  recorded  in  the  office  of  the  county  recorder  of  the- 
county  in  which  the  said  lands  so  platted  and  laid  out  are  situ- 
ated. 

Dedication  of  Streets,  etc. 

§  292.  [SEC.  4.]  Such  maps  and  plats  when  made,  ac- 
knowledged, filed  and  recorded  with  the  county  recorder  shall 
be  a  dedication  of  all  such  avenues,  streets,  lanes,  alleys,  com- 
mons or  other  public  places  or  blocks,  and  sufficient  to  vest  the 
fee  of  such  parcels  of  land  as  are  .therein  expressed,  named  or 
intended  for  public  uses  for  the  -inhabitants  of  such  town  and 
for  the  public  for  the  uses  therein  named  or  intended. 

Penalty. 

§  293.  [SEC.  5.]  If  any  person  shall  sell  or  offer  for  sale 
any  lot  so  platted  according  to  said  plat  within  any  town  or  ad- 
dition, before  the  map  or  plat  thereof  is  made  out,  acknowl- 
edged, filed  and  recorded  as  aforesaid,  such  person  shall  forfeit 


SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

to  the  county  in  which  such  town  or  addition  is  located,  a  sum 
not  exceeding  three  hundred  dollars  for  every  lot  which  he 
shall  sell.  Such  a  forfeiture  shall  be  recovered  in  the  name  of 
such  county  in  an  action  brought  by  the  prosecuting  attorney 
thereof. 

Date  of  Approval. 

§  294.     [SEC.  6.]     This  act  shall  take  effect  upon  its  ap- 
proval. 

[March  13,  1890.] 


MAYOR'S  VETO. 


AN  ACT  GIVING  THE  MAYOR  OF  CITIES  OF  THE 
FIRST  AND  SECOND  CLASS  A  QUALIFIED 
VETO,  AND  FOR  OTHER  PURPOSES. 

APPROVED  FEBRUARY  27,  1892. 


Veto  Power. 

§  295.  [SEC.  1.]  Be  it  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  Every  ordi- 
nance passed  and  every  resolution  adopted  or  contract  approved 
by  the  city  council  appropriating  or  involving  the  expenditure 
of  money  shall,  within  twenty-four  hours  after  the  action  of 
the  city  council,  be  presented  to  the  mayor  for  his  approval. 
If  he  approve  the  ordinance,  resolution  or  contract,  as  the  case 
may  be,  he  shall  sign  the  same;  if  not,  he  shall  return  it  with 
his  objections  in  writing  to  the  city  recorder,  who  shall  present 
the  same  to  the  city  council  at  the  next  regular  meeting  thereof. 
Each  ordinance,  contract  or  resolution  shall  stand  as  reconsid- 
ered in  such  city  council.  The  council  shall  cause  the  objections 
of  the  mayor  to  be  entered  at  large  upon  the  minutes  and  pro- 
ceed forthwith  to  consider  the  question  pending,  which  shall  be 
in  this  form:  "Shall  the  ordinance,  contract  or  resolution,  as 
the  case  may  be,  pass,  notwithstanding  the  objections  of  the* 


114  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

mayor  thereto?"  If  tw.o- thirds  of  all  the  members  of  such 
council  vote  in  the  affirmative,  the  presiding  officer  shall  certify 
that  fact  on  the  ordinance,  contract  or  resolution,  attesting  the 
same  by  his  signature.  The  ordinance,  contract  or  resolution 
thus  certified  shall  be  deposited  in  the  office  of  the  city  recorder 
as  an  authentic  act,  and  shall  be  valid  and  become  an  ordinance 
in  the  same  manner,  and  with  like  effect,  as  if  it  had  received 
the  approval  of  the  mayor.  If  the  mayor  shall  fail  for  five 
days  to  return  the  same  to  the  city  recorder,  presented  to  him 
for  his  approval  as  aforesaid,  the  same  shall  become  thereafter 
a  valid  ordinance,  contract  or  resolution,  as  the  case  may  be,  in 
like  manner  as  if  it  had  been  approved  by  him. 

President  of  Conncil. 

§  296.  [SEC.  2.]  The  city  council  shall  appoint  one  of  its 
own  members  to  preside  at  all  its  sessions,  who  shall  hold  such 
office  until  his  successor  is  duly  elected  and  qualified.  The 
official  designation  of  the  member  so  appointed  shall  be 
"President  of  the  city  council."  The  said  council  may  also,  in 
the  temporary  absence  of  the  president,  or  his  inability  to  per- 
form the  duties  pertaining  to  the  office,  appoint  a  president  pro 
tern.,  who  shall  be  temporarily  clothed  with  the  powers  and 
duties  of  the  president. 

Appointments  by  the  Mayor. 

§  297.  [SEC.  3.]  That  hereafter  the  mayor  shall  appoint, 
by  and  with  the  advice  and  consent  of  the  council,  all  officers 
who  are  now  made  appointive  by  the  said  council. 

Application. 

§  298.  [SEC.  4.]  The  provisions  of  sections  1,  2,3  of  this 
act  shall  apply  only  to  oities  of  the  first  and  second  class,  and 
no  other. 

Repealing  Clause. 

§  299.     [SEC.  5.]    All  laws  and  parts  of  laws,  inconsistent 
with  the  provisions  of  this  act,  are  hereby  repealed. 
[February  27,  1892.] 


SALT   LAKE   CITY   CHAKTER   AND   AMENDMENTS.  115 

ELECTIONS. 

* 


AN  ACT  IN  EELATION  TO  ELECTIONS  AND  TENURE 

OF  OFFICE. 

APPROVED  MARCH  10,  1892. 


Municipal  Election. 

§300.  [SEC.  4]  That  on  the  Tuesday  next  after  the  first 
Monday  in  November,  1893,  and  biennially  thereafter,  there 
shall  be  held  an  election  in  each  city,  town,  village  and  school 
district  in  the  Territory,  to  fill  all  offices  of  the  same  or  pertain- 
ing thereto,  which  by  law  are,  or  may  be  made  elective,  also  for 
members  of  the  legislative  assembly,  and  the  officers  then  elected 
shall  qualify  and  enter  upon  the  duties  of  their  respective 
offices  on  the  first  day  of  January  next  succeeding  their  election, 
and  continue  in  office  for  two  years,  and  until  their  successors 
are  duly  elected  arid  qualified. 

Repeal  of  Conflicting  Acts . 

§  301.  [SEC.  5.]  That  all  acts  and  parts  of  acts,  in  so  far 
as  they  provide  for  holding  elections  to  fill  any  of  the  offices 
mentioned  in  this  act  (other  than  for  special  elections  to  fill 
vacancies),  or  in  any  manner  for  fixing  the  tenure  of  such  offices 
otherwise  than  in  this  act  provided,  are  hereby  repealed. 

Cities  of  Metropolitan  Class. 

§  302.  [SEC.  6.]  Nothing  in  this  act  shall  apply  to  cities 
of  the  metropolitan  class. 

When  to  Take  Effect. 

§  303.  [SEC.  7.]  This  act  shall  take  effect  from  and  after 
May  31,  1892. 

[March  10,  1892.] 


116  SALT   LAKE   CITY   CHARTER    AND   AMENDMENTS. 


ASSESSMENT  AND  COLLECTION  OF  TAXES. 


AN  ACT  PKOVIDING  FOR  THE  ASSESSMENT  AND 
COLLECTION  OF  TAXES  IN  INCORPORATED 
CITIES,  TOWNS  AND  VILLAGES. 

APPROVED  MARCH  10,  1892. 


County  Assessor  to  Assess  City  Property. 

§  304  [SECTION  1.]  Be  U  enacted  by  the  Governor  and 
Legislative  Assembly  of  the  Territory  of  Utah:  In  the  year 
1893,  and  thereafter,  the  assessments  for  the  taxes  of  each  in- 
corporated city,  town  and  village  in  the  Territory  of  Utah  shall 
be  made  by  the  county  assessor  of  the  county  in  which  such  in- 
corporated city,  town  or  village  is  situate,  at  the  same  time  that 
assessments  for  Territorial  and  county  taxes  are  made,  and  the 
list  of  the  property  in  each  incorporated  city,  town  or  village  in 
his  county,  and  the  valuation  thereof,  shall  be  so  made  by  the 
county  assessor  that  the  property  in  each  and  the  valuation 
thereof  can  be  separately  shown . 

Statement  to  City  Recorder. 

§  305.  [SEC.  2.]  On  or  before  the  first  Monday  of  June 
in  each  year  the  county  assessor  of  each  county  in  which  there 
is  situated  any  incorporated  city,  town  or  village  shall  deliver  to 
the  clerk  or  recorder  of  each  city  of  the  third  class  and  incor- 
porated town  or  village  a  copy  of  all  that  part  of  the  assessment 
roll  of  the  county  which  contains  the  assessment  of  property  ia 
such  city,  town  or  village,  and  showing  the  aggregate  valuation 
of  the  taxable  property  in  each,  which  copy  shall  be  retained  by 
said  city,  town  or  village  as  the  basis  for  taxation,  as  herein  pro- 
vided, until  another  assessment  is  made,  and  to  each  city  of  the 
first  and  second  class  a  statement  showing  the  aggregate  valua- 
tion of  all  the  taxable  property* in  such  cities. 

City  Council  to  Determine  the  Rate. 

§  306.  [  SEC.  3.  ]  The  city  council  of  each  city  of  the  first 
or  second  class  shall,  on  or  before  the  first  Monday  of  July  in 


SALT   LAKE   CITY   CHARTER    AND   AMENDMENTS.  117 

each  year,  determine  the  rate  of  the  general  city  tax,  levy  the 
same,  and  certify  the  rate  and  levy  to  the  county  clerk  of  the 
county  in  which  such  city  is  situate. 

How  Assessment  Equalized. 

§  307.  [SEC.  4.]  The  county  court  of  each  county,  as  a 
board  of  equalization,  shall  equalize  the  assessment  roll  of  the 
whole  county,  including  the  assessment  for  general  taxes  of 
cities  of  the  first  or  second  class  situated  in  the  county,  at  the 
times  and  in  the  manner  provided  by  law  for  equalizing  assess- 
ments for  Territorial  and  county  taxes.  The  mayor  of  said  city, 
or  a  member  of  the  city  council  thereof  appointed  by  the  coun- 
eil,  may  sit  with  the  county  court  and  be  a  member  of  the  equal- 
izing board. 

County  Collector  to  Collect  City  Tax. 

§  308.  [SEC.  5.]  The  general  city  tax  of  each  city  of  the 
first  or  second  class  shall  be  extended  on  the  general  roll  by  the 
county  clerk,  in  a  separate  column,  at  the  rate  certified  by  the 
city  council,  at  the  same  time  the  Territorial  and  county  taxes 
are  extended,  and  the  whole  taxes  shall  be  carried  into  a  column 
of  aggregates,  and  the  whole  taxes,  including  the  general  tax  of 
cities  of  the  first  or  second  class,  shall  be  collected  by  the  county 
collector  at  the  times  and  in  the  manner  provided  by  law  for 
collecting  Territorial  and  county  taxes,  and  the  warrant  to  the 
county  collector  shall  include  such  city  taxes,  and  confer  on  him 
the  same  powers  respecting  the  collection  of  taxes  and  sale  of 
delinquent  property  as  are  conferred  respecting  the  collection  of 
Territorial  and  county  taxes.  Provided,  the  city  council  may 
by  ordinance  provide  that  the  county  collector  shall  receive  the 
receipts  of  such  persons  as  may  be  named  in  the  ordinance  in 
lieu  of  such  city  tax,  and  the  said  collector  is  hereby  authorized 
to  issue  his  receipt  for  said  city  tax  upon  receiving  the  receipts 
provided  for  in  such  ordinance. 

County  Collector  Shall  Give  Bond  to  City. 

§  309.  [SEC.  6.]  The  county  collector  of  any  county  in 
which  there  is  situated  a  city  of  the  first  or  second  class,  in  each 
year,  and  before  the  time  appointed  for  receiving  or  collecting 


118  SALT   LAKE   CITY   CHARTER   AND   AMENDMENTS. 

the  taxes  of  the  year,  shall  give  to  each  city  of  the  first  or  sec- 
ond class  a  bond  in  such  sum  as  the  city  council  may  require, 
but  not  exceeding  double  the  amount  of  the  city  tax  for  the 
year,  with  at  least  two  sureties,  conditioned  for  the  faithful  per- 
formance of  his  duties  as  collector  of  the  city  tax,  and  the  bond 
and  sureties  shall  be  subject  to  the  approval  of  the  mayor  or 
city  council  of  said  city. 

Monthly  Settlements  with  City  Treasurer. 

§  310.  [  SEC.  7.  ]  It  shall  be  the  duty  of  the  county  col- 
lector to  pay  to  the  treasurer  of  each  city  of  the  first  or  second 
class,  in  his  county,  on  the  first  day  of  October  in  each  year,  and 
on  the  first  day  of  each  succeeding  month  until  final  settlement, 
all  moneys  in  his  hands  collected  for  city  taxes,  and  on  or  before 
the  first  day  of  March  in  each  year,  to  make  a  final  settlement 
with  the  eity  treasurer  respecting  the  city  taxes,  and  pay  over 
all  moneys  then  due  the  city.  The  city  treasurer  shall  give  said 
collector  duplicate  receipts  for  each  payment,  and  the  collector 
shall  give  one  to  the  city  auditor,  and  the  other  shall  be  an 
acquittance  to  him  in  settling  with  the  county  treasurer,  to  the 
extent  of  the  payment  shown. 

Compensation  to  be  Paid  Comity. 

§  311.  [SEC.  8.]  Each  city  of  the  first  class  shall  pay  to 
the  county  in  which  it  is  situated  one-half  of  one  per  cent.,  and 
each  city  of  the  second  class  shall  pay  to  the  county  one  per 
cent.,  and  such  payment  shall  be  in  full  for  the  services  and 
compensation  of  the  county  assessor  and  collector  in  assessing, 
collecting  and  paying  over  the  city  tax;  and  cities  of  the  third' 
class  and  incorporated  towns  and  villages  shall  pay  one  per 
cent,  on  the  taxes  collected  in  such  city,  town  or  village  in  full 
for  the  services  and  compensation  of  the  county  assessor  in 
assessing  the  tax  and  preparing  the  copy  of  the  assessment  roll 
as  provided  in  section  2  of  this  act,  and  the  assessor  and  col- 
lector shall  have  no  claim  against  the  city  therefor. 

City  Treasurer  to  Collect  Special  Taxes. 

§  312.  [SEC.  9.]  The  office  of  assessor  for  each  incor- 
porated city,  town  and  village,  and  the  office  of  collector  in  each 


SALT   LAKE   CITY   CHAETEE   AND   AMENDMENTS.  119 

city  of  the  first  or  second  class,  is  hereby  abolished,  and  special 
taxes  and  assessments  in  such  cities  of  the  first  or  second  class 
shall  be  collected  by  the  respective  city  treasurers,  and  such 
special  taxes  and  assessments  shall  be  levied  and  collected  as 
provided  by  law  and  the  ordinances  of  the  city,  but  for  the 
purpose  of  levying  and  collecting  special  taxes  in  said  cities, 
the  city  council  may  equalize  the  assessment  in  the  manner 
provided  by  law. 

Acts  in  Conflict  Repealed. 

§  313.     [SEC.  11.]     All  acts  and  parts  of  acts  in  conflict 
with  the  provisions  of  this  act  are  repealed. 

When  Act  Takes  Effect. 

§  314.     [SEC.  12.]     This  act  shall  take  effect  on  the  first 
day  of  January,  1893. 
[March  10,  1892.] 


REVISED  ORDINANCES 


AN    ORDINANCE 


REVISING  AND  ARRANGING  THE 


ORDINANCES  OF  SALT  LAKE  CITY. 


CHAPTER  I. 


Repealing  Existing  Ordinances. 

Be  it  ordained  by  the  City  Council  of  Salt  Lake  City  as 
follows  : 

SECTION  1.  The  ordinances  contained  in  this  chapter  and 
the  chapters  following  shall  be  known  as  the  "Revised  Ordinances 
of  Salt  Lake  City,"  and  so  far  as  their  provisions  are  the  same 
in  effect  as  those  of  previously  existing  ordinances,  they  shall 
be  construed  as  continuations  thereof ;  but  subject  to  the  above 
limitation  and  the  provisions  of  the  next  section — all  ordinances- 
of  the  city  heretofore  in  force  are  hereby  repealed. 

Accrued  Rights. 

SEC.  2.  These  revised  ordinances  shall  not  affect  any  act 
done,  any  right  accrued,  any  penalty  incurred,  any  suit,  prose- 
cution or  proceeding  pending,  or  the  tenure  of  office  of  any 
person  holding  office,  at  the  time  when  they  take  effect ;  nor 
shall  the  repeal  of  any  ordinance  thereby  have  the  effect  of  re- 
riving  any  ordinance  theretofore  repealed  or  superseded. 

Meaning  of  Words. 

SEC.  3.  Words  used  in  th«  revised  ordinances  in  the  pres- 
ent tense  include  the  future  as  well  as  the  present ;  words  used 
in  the  masculine  gender  include  the  feminine  and  neuter  ;  the 


124  EEVI8ED   ORDINANCES. 


singular  number  includes  the  plural,  and  the  plural  the  singu- 
lar ;  the  word  person  includes  firm  and  corporation  as  well  as  a 
natural  person. 

Charter  Provisions. 

SEC.  4.  The  act  of  incorporation  of  said  city,  approved 
January  20,  1860,  and  all  acts  amendatory  thereof,  are  hereby 
declared  to  have  the  same  force  and  effect  as  if  the  provisions 
thereof  had  been  specially  ordained. 

Penalty  for  Violating   Ordinances. 

SEC.  5.  Whoever  violates  any  provision  of  any  ordinance 
of  the  city,  whether  included  in  these  revised  ordinances  or 
hereafter  enacted,  shall,  unless  other  provision  is  made,  be 
liable  to  a  penalty  of  not  more  than  fifty  dollars  for  each 
•offense. 

"Who  Uable  to  Penalty. 

SEC.  6.  When  anything  is  prohibited  in  an  ordinance,  not 
only  the  persons  actually  doing  the  prohibited  thing,  but  also 
the  employers  and  all  other  persons  concerned  therein,  shall  be 
liable  to  the  penalty  prescribed. 

Implied  Power  to  License. 

SEC.  7.  When,  in  an  ordinance,  anything  is  prohibited 
from  being  done  without  the  license  of  a  certain  officer  or 
officers,  such  officer  or  officers  shall  have  the  power  to  license 
such  thing  to  be  done. 

The  Word  "Street." 

SEC.  8.  The  words  "street"  and  "streets,"  when  used  in  an 
ordinance,  shall  be  construed  as  including  alleys,  lanes,  courts, 
public  squares,  public  places  and  sidewalks,  unless  such  con- 
struction would  be  inconsistent  with  the  manifest  intent  of  the 
ordinance. 

When  Ordinance  Goes  Into  Effect. 

SEC.  9.  An  ordinance,  unless  otherwise  expressly  provided 
therein,  shall  not  go  into  effect  until  thirty  days  after  the  date 
•of  its  passage. 


APPOINTMENTS.  12£ 


CHAPTER  II. 


APPOINTMENTS. 
JBy  the  Mayor. 

SECTION  1.  The  mayor  shall,  by  and  with  the  advice  and. 
consent  of  the  council,  appoiat,  on  or  before  the  first  Tuesday 
in  February,  1894,  and  biennially,  thereafter,  the  following 
named  officers,  who  shall  hold  their  offices  for  the  term  of  two 
years,  unless  sooner  removed  by  the  city  council,  and  until  their- 
suecessors  are  appointed  and  qualified  : 

An  assessor  and  collector  of  water  rates. 

An  attorney. 

An  auditor  of  public  accounts. 

A  chief  of  police. 

A  captain  of  police. 

A  chief  of  the  fire  department. 

An  engineer. 

An  inspector  of  buildings. 

An  inspector  of  provisions. 

A  jailer. 

A  poundkeeper.     (See  chapter  15,  sec.  2.) 

A  sealer  of  weights  and  measures. 

A  sexton. 

A  superintendent  of  sewers. 

A  superintendent  of  waterworks. 

A  supervisor  of  streets. 

A  watermaster. 

A  chief  weighmaster  and  such  number  of  city  weigh- 
masters  as  the  council  may  deem  necessary.  .. 

Board  of  Public  Works. 

SEC.  2.  The  mayor  shall,  by  and  with  the  advice  and  con- 
sent of  the  council,  appoint,  before  the  first  Monday  in  July,. 


126  APPOINTMENTS. 


1890,  and  biennially  thereafter,  a  board  of  public  works,  which 
shall  consist  of  five  members,  residents  and  freeholders  of  the 
city.     The  mayor  shall  designate  one  of  the  members  of  such 
board  to  be  chairman  thereof. 
[May  29,  1890.] 

Board  of  Health,  etc . 

SEC.  3.  The  mayor  shall,  by  and  with  the  advice  and  con- 
sent of  the  council,  appoint,  on  the  last  Tuesday  in  June,  1890, 
and  biennially  thereafter,  a  board  of  health,  which  shall  be 
composed  of  the  mayor,  who  shall  be  ex-officio  chairman  of  the 
board,  a  health  commissioner,  a  city  physician  and  two  other 
citizens.  The  mayor  shall  also  appoint  at  the  same  time  and  in 
similar  manner  a  sanitary  inspector. 

[May  29,  1890.] 

Police— Regular  and  Special. 

SEC.  4.  The  mayor  shall,  by  and  with  the  advice  and  con- 
sent of  the  city  council,  appoint  the  regular  police  of  said  city, 
to  the  number  which  may  from  time  to  time  be  prescribed  by 
the  city  council,  and  shall  remove  the  same  at  pleasure.  He 
shall  also  appoint  special  police  when  in  his  judgment  the  pub- 
lic good  may  require  such  action,  but  no  such  special  police 
shall  be  appointed  for  a  longer  period  than  ten  days  without  the 
consent  of  the  city  council.  But  the  same  person  shall  not  be 
reappointed  at  the  expiration  of  the  ten  days  without  the  con- 
sent of  the  city  council ;  and  all  such  appointments  of  special 
police  shall  be  reported  by  the  mayor  to  the  city  council  at  its 
next  meeting  after  such  appointment. 

[March  9,  1860;  April  15, 1884] 

Assessor  of  Water  Rates'  Deputy. 

SEC.  5.  The  assessor  and  collector  of  water  rates  may,  with 
the  approval  of  the  city  council,  appoint  a  deputy,  for  whose 
official  acts  he  shall  be  responsible,  and  who  shall  hold  his  office 
at  the  pleasure  of  the  council. 

[June  1,  1890.] 

City  Attorney's  Assistant. 

SEC.  6.  The  city  attorney  may,  with  the  approval  of  the 
city  council,  appoint  an  assistant,  for  whose  official  acts  he  shall 


APPOINTMENTS.  127 


be  responsible,  and  who  shall  hold  his  office  at  the  pleasure  of 
the  council. 

[September  3,  1872.] 

Auditor's  Deputy. 

SEC.  7.  The  auditor  may  appoint,  by  and  with  the  advice 
and  consent  of  the  city  council,  a  deputy,  for  whose  official  acts 
he  shall  be  responsible. 

[June  8,  1882.] 

Beard  of  Public  Works'  Clerk,  etc. 

Sfic.  8.     The  board  of  public  works  shall  have  authority  to 
employ  a  clerk  and  competent  inspectors. 
[May  29,  1890.] 

Board  of  Health  Clerk. 

SEC.  9.     The  board  of  health  shall   employ  a  clerk,  who 
shall  hold  his  office  at  their  pleasure. 
[May  29,  1890.] 

Desk  Sergeants. 

SEC.  10.  The  mayor  may,  by  and  with  the  advice  and  con- 
sent of  the  city  council,  appoint  three  desk  sergeants,  for  whose 
official  acts  he  shall  be  responsible. 

Engineer's  Assistants. 

SEC.  11.  The  eity  engineer  may  appoint  the  following 
assistants,  or  such  of  them  as  may  be  actually  required,  for  ser- 
vice in  the  city  engineer's  department : 

One  first  assistant  engineer. 

One  second  assistant  engineer. 

One  chief  draughtsman. 

One  assistant  draughtsman. 

Two  rodmen. 

Two  chainmen. 

One  inspector  of  sewers. 

One  clerk  ; 

And  such  other  assistants  as  the  necessities  of  the  service  may 
demand. 


128  APPOINTMENTS, 


Provided,  that  the  city  engineer,  before  appointing  any  of 
the  assistants  enumerated  in  this  section,  shall  submit  to  the  city 
council  a  statement  setting  forth  the  necessity  for  such  assist- 
ants and  the  appointment  thereof,  and  obtain  the  consent  of  the 
council  so  to  do. 

[April  1,  1890.] 

Fire  Department. 

SEC.  12.  The  chief  of  the  fire  department  shall,  by  and 
with  the  advice  and  consent  of  the  city  council,  appoint  all  offi- 
cers and  members  of  the  fire  department,  as  provided  in  chapter 
17  of  these  revised  ordinances. 

Inspector  of  Buildings'   Deputy. 

SEC.  13.  The  inspector  of  buildings  shall  have  power,  by 
and  with  the  advice  and  consent  of  the  council,  to  appoint  one 
or  more  deputies.  [See  section  14,  chapter  9.] 

Jailer's  Assistant. 

SEC.  14.  The  jailer  may  appoint,  by  and  with  the  advice 
and  consent  of  the  council,  an  assistant,  for  whose  official  acts 
he  shall  be  responsible. 

Marshal's  Deputies. 

SEC.  15.  The  marshal  may,  by  and  with  the  advice  and 
consent  of  the  city  council,  appoint  deputies,  as  he  may  deem 
necessary,  for  whose  official  acts  he  shall  be  responsible. 

[January  4,  1859;  February  14,  1888.] 

Police  Justice. 

SEC.  16.  The  city  council  may,  by  resolution,  designate 
one  of  the  justices  of  the  peace  heretofore  elected  at  a  munici- 
pal election  to  act  for  the  city  at  large,  and  the  city  council  may 
designate  the  place  where  such  police  justice  shall  transact  the 
business  pertaining  to  his  office.  The  said  officer  to  be  removed 
by  the  council  at  their  pleasure.  [See  charter,  page  60.] 

Police  Justice's  Clerk. 

SEC.  17.  The  police  justice  shall,  by  and  with  the  advice 
and  consent  of  the  city  council,  have  authority  to  appoint  a 
clerk. 


APPOINTMENTS.  129 


Recorder's  Deputy,  Clerk,  etc. 

SEC.  18.  The  recorder  may  appoint  a  deputy,  who,  under 
the  direction  of  the  recorder,  or  in  his  absence,  may  perform  all 
the  acts  or  duties  pertaining  to  the  office  of  recorder.  The 
recorder  shall  be  responsible  for  the  acts  of  his  deputy. 

[January  3,  1882;  February  14,  1888.] 

The  recorder  may  also  appoint  a  clerk  and  a  typewriter. 

The  recorder  may  also  appoint  a  deputy  dog-tax  collector, 
according  to  the  provisions  of  chapter  12  of  these  revised  ordi- 
nances. 

All  the  said  appointments  shall  be  bv  and  with  the  advice 
and  consent  of  the  city  council. 

Sealer  of  Weights  and  measures. 

SEC.  19.     The  sealer  of  weights  and  measures  may  appoint 
a  deputy,  subject  to  the  approval  of  the  council. 
[February  14,  1888.] 

City  Sexton's  Deputy. 

SEC.  20.  The  city  sexton  may,  by  and  with  the  advice  and 
consent  of  the  city  council,  appoint  a  deputy,  for  whose  official 
acts  he  shall  be  responsible. 

[February  14,  1888.] 

Supervisor  of  Streets'  Assistants. 

SEC.  21.  The  supervisor  of  streets  may  appoint,  by  and 
with  the  consent  of  the  city  council,  foremen,  who  shall  be- 
under  his  direction,  and  for  whose  official  acts  he  shall  be  re- 
sponsible. 

[March  3,  1860;  February  14,  1888.] 

Treasurer's  Deputy — License  Inspector. 

SEC.  22.  The  city  treasurer  may,  by  and  with  the  advice 
and  consent  of  the  city  council,  appoint  a  deputy. 

[October  21,  1890.] 

He  may  also  appoint,  by  and  with  the  advice  and  consent 
of  the  city  council,  a  license  inspector. 

Watermaster's  Assistants. 

SEC.  23.  The  city  watermaster  may,  by  and  with  the  advice 
and  consent  of  the  city  council,  appoint  foremen,  who  shall  receive 

9 


130 


ATTORNEY. 


from  said  watermaster  certificates  of  appointment,  and  for  whose 
official  acts  he  shall  be  responsible. 
[AprilS,  1883.] 

Assessor  and  Collector's  Deputies. 

SEC.  24.  The  city  assessor  and  collector  is  hereby  author- 
ized, when  necessary,  to  appoint,  by  and  with  the  advice  and 
consent  of  the  city  council,  one  or  more  deputies,  for  whose 
official  acts  he  shall  be  responsible. 

[March  12,  1878.] 


CHAPTER    III. 


ATTORNEY. 
Duties. 

SECTION  1.  It  shall  be  the  duty  of  the  city  attorney  to 
prosecute  and  defend  in  all  courts  in  all  actions  on  behalf  of 
said  city,  and  defend  in  all  actions  against  any  officer  or  agent 
of  the  city  on  account  of  official  acts;  to  take  appeals  or  sue  out 
writs  of  error  on  behalf  of  the  city  or  any  officer  as  aforesaid, 
with  the  consent  and  approval  of  the  mayor,  and  make  the  neces- 
sary affidavits  and  execute  the  necessary  bonds  in  the  name  of 
said  eity;  to  advise  the  city  council  or  their  committees,  or  any 
city  officer,  on  such  legal  questions  as  may  arise  in  relation  to 
the  business  of  the  city,  and  attend  the  meetings  of  the  city 
council;  having  personal  knowledge  of  any  violation  of  a  city 
ordinance,  or  upon  receiving  reliable  information  of  any  such 
violation,  he  shall  immediately  institute  the  necessary  steps  to 
bring  the  offender  to  punishment. 

[September  3,  1872;  February  14,  1888.] 


ATTORNEY.  131 


Record  and  Docket. 

SEC.  2.  He  shall  keep  a  record  showing  all  claims  placed 
in  his  hands  for  collection,  all  moneys  received  by  him  on  ac- 
count of  the  city,  and  all  payments  made  by  him  to  the  city 
treasurer,  and  also  keep  a  docket  book,  in  which  he  shall  enter 
an  abstract  of  suits  pending  in  any  court,  and  judgments  in 
favor  of  or  against  said  city. 

[Septembers,  1872.] 

Settlements  and  Reports. 

SEC.  3.  He  shall,  at  the  end  of  each  quarter,  or  oftener  if 
required,  settle  with  the  auditor  of  public  accounts,  and  pay  to 
the  city  treasurer  all  moneys  in  his  hands  belonging  to  the  city. 
He  shall  report  quarterly,  or  oftener  if  required,  to  the  city 
council,  the  condition  of  the  business  of  the  city  in  his  hands 
or  control. 

[September  3,  1872.] 


- 


132  AUDITOR   OF   PUBLIC  ACCOUNTS. 


CHAPTER  IV. 


AUDITOR  OF  PUBLIC  ACCOUNTS. 

Duties. 

SECTION  1.  It  shall  be  the  duty  of  the  auditor  of  public 
accounts  to  examine  and  audit  all  public  accounts  connected 
with  the  financial  affairs  of  the  city,  and  issue  orders  upon  the 
treasurer  in  liquidation  of  claims  allowed  or  appropriations 
made  by  the  city  council.  He  shall  have  the  custody  of  and 
keep  all  books,  papers,  records,  documents,  vouchers,  and  all 
eonveyances,  leases,  mortgages,  bonds  and  other  securities  ap- 
pertaining to  the  fiscal  affairs  of  the  city,  which  are  not  required 
by  ordinance  to  be  kept  in  some  other  office  or  place. 

[January  4,  1859;  February  14,  1888.] 

Reports— Books  in  His  Custody. 

SEC.  2.  He  shall  make  a  report  to  the  city  council  quar- 
terly, setting  forth  a  statement  of  the  amount  of  city  revenue, 
specifying  in  said  statement  from  what  source  derived  and  for 
what  disbursed,  and  shall  deliver  to  his  successor  in  offiee  all 
books,  moneys,  accounts  or  other  property  in  his  custody  be- 
longing to  the  city,  as  soon  as  his  successor  shall  be^qualified. 

[January  4,  1859;  February  14,  1888.] 


BOARD   OF   HEALTH.  133 


CHAPTER  V. 


BOAKD  OF  HEALTH. 

Duties  and  Powers  of*  Board. 

SECTION  1.  The  board  of  health  shall  exercise  general 
supervision  over  the  health  of  the  city,  effect  all  measures 
necessary  to  promote  the  health  and  cleanliness  thereof.  It 
shall  abate  all  nuisances  of  every  description  on  public  and 
private  property.  It  shall  use  all  due  measures  to  prevent  the 
introduction  or  spread  within  the  city,  or  within  five  (5)  miles 
thereof,  of  any  malignant,  contagious  or  infectious  diseases,  and 
remove,  quarantine  or  otherwise  dispose  of  any  person  or  per- 
sons, clothing  or  effects  attacked  with  or  having  been  exposed 
to  such  diseases,  and  shall  adopt  such  rules  and  regulations 
necessary  to  prevent  the  introduction  or  spread  of  malignant, 
contagious  or  infectious  diseases  within  the  city,  or  within  five 
(5)  miles  thereof.  It  shall  be  the  registry  of  births,  deaths  and 
burials,  and  shall  make  necessary  rules  for  conducting  such 
registration,  and  all  permits  for  removals  or  burials  of  the  dead 
shall  be  issued  by  the  health  commissioner.  It  shall  make  a 
report  to  the  city  council,  the  last  Tuesday  in  each  quarter  of 
the  fiscal  year  (or  oftener  if  directed  by  the  council),  of  all  its 
proceedings  of  the  sanitary  condition  of  the  city  and  the  clean- 
liness thereof,  and  shall  make  such  recommendations  to  said 
body  which  may  improve  the  sanitary  condition  of  the  city. 

It  shall  have  power  to  stop  and  prevent  the  discharge  of 
sewerage  from  any  premises  within  the  city  limits,  into  and 
upon  any  public  highway,  stream,  watercourse  or  public  place, 
or  into  any  drain,  cesspool  or  private  sewer,  and  to  order  a  con- 
nection to  be  made  with  the  public  sewer  for  the  removal  of 
sewage  from  any  premises  whenever,  in  the  opinion  of  said 
board  of  health,  the  public  interest  shall  demand  it. 


134  BOARD   OF   HEALTH. 


And  the  said  board  may  require  the  prompt  repair  of  all 
leaks  or  other  defects  in  plumbing  throughout  the  city,  and 
shall  have  power  to  condemn  and  abate  all  plumbing  which  is 
deficient  under  the  requirements  of  the  plumbing  ordinances. 
And  where  from  change  of  occupants  or  of  business,  or  from 
other  cause,  it  may  be  necessary  in  the  opinion  of  said  board  to 
alter  or  increase  the  kind  and  number  of  plumbing  fixtures  in 
any  building,  they  shall  have  power  to  require  such  amend- 
ments to  be  made  as  will  meet  the  necessities  in  the  case.  And 
any  person  or  corporation  being  the  owner  of  such  premises 
who  shall  neglect  or  refuse  to  comply  with  the  order  of  said 
board  of  health  within  twenty  days  after  the  service  of  a  notice 
by  said  board  in  writing,  shall  be  guilty  of  a  misdemeanor,  and 
upon  conviction  thereof  shall  be  fined  in  any  sum  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

[May  29,  1890.] 

Duty  of  Health  Commissioner. 

SEC.  2.  The  health  commissioner,  who  shall  be  a  physician 
in  good  standing,  shall  be  the  executive  officer  of  the  board. 
He  shall  take  notice  of  all  ordinances  relating  to  the  sanitary 
condition  of  the  city  and  enforce  the  same,  and  to  this  end  he 
is  hereby  authorized  to  enter,  in  the  day-time,  any  premises, 
houses  or  buildings  within  five  (5)  miles  thereof,  and  further, 
he  may  command  the  aid  of  the  police  force  to  assist  in  the  dis- 
charge of  his  duties,  if  at  any  time  it  be  necessary  to  do  so. 

[May  29,  1890.] 

Duty  of  City  Physician. 

SEC.  3.  The  city  physician  shall  prescribe  for  and  visit 
the  city  prisoners,  and  such  cases  of  the  city  poor  as  the  health 
commissioner  may  designate  by  written  order;  shall  assist  in 
public  vaccinations  and  in  the  work  of  quarantine. 

[May  29,  1890.] 

Meetings  of  Board. 

SEC.  4.  The  meetings  of  the  board  shall  be  held  the  first 
Monday  in  each  month.  Special  meetings  may  be  called  by  the 


I 
BOARD   OF   HEALTH.  135 


mayor  at  any  time,  and  shall  be  called  by  him  at  the  request  of 
two  ( 2  )  members  of  the  board. 
[May  29,  1890.] 

Duty  of  Clerk. 

SEC.  5.  The  clerk  of  the  board  shall  perform  such  duties 
as  may  be  required  by  the  health  commissioner,  the  board  of 
health  or  any  city  ordinance.  He  shall  keep  in  suitable  books 
a  full  and  complete  record  of  the  rules,  accounts  and  proceed- 
ings of  the  board,  and  an  account  of  all  expenses  incurred,  the 
manner  of  disbursement,  and  also  of  all  money  received  by  the 
board.  Before  any  money  is  disbursed,  the  accounts  thereof 
shall  be  examined  and  approved  by  the  board,  signed  by  the 
health  commissioner,  and  examined  and  audited  by  the  auditor 
of  public  accounts. 

[May  29,.  1890.] 

]>nty  of  Sanitary  Inspector. 

SEC.  6.  The  sanitary  inspector  shall  obey  all  orders  of  the 
health  commissioner,  and  all  orders  and  resolutions  of  the  board 
of  health.  He  shall,  under  the  direction  of  the  health  commis- 
sioner, employ  all  necessary  teams,  drivers  and  wagons  to  be 
employed  in  cleaning  the  streets  and  alleys  of  the  city,  and  to 
remove  all  garbage,  dead  animals,  refuse  animal  and  vegetable 
matter,  offal  and  all  other  matter  detrimental  to  the  public 
health  ;  and  under  the  direction  of  the  health  commissioner,  the 
sanitary  inspector  shall  have  control  of  said  teams  and  drivers, 
and  shall  order  and  direct  the  work  to  be  done  by  said  teams 
and  drivers  ;  and  shall  be  responsible  under  the  health  commis- 
sioner for  the  sanitary  condition  of  the  streets,  alleys  and  public 
places,  and  it  shall  be  his  duty  at  all  times  to  see  that  said  work 
is  properly  and  thoroughly  done. 

[May  29,  1890.] 

Daily  Inspection  and   Reports. 

SEC.  7.  The  sanitary  inspector  shall,  at  his  own  expense, 
provide  himself  with  a  horse  or  horses  and  vehicle,  for  the 
purpose  of  making  daily  inspection  of  the  manner  in  which  the 
work  so  under  his  control  is  conducted,  and  shall  make  daily 


136  BOARD   OF   HEALTH. 


reports  to  the  health  commissioner  of  the  nature  and  quantity 
of  the  work  done  and  the  sanitary  condition  of  the  city. 
[May  29,  1890.] 

Nuisance  Ordinance, 

SEC.  8.  It  shall  be  the  duty  of  the  sanitary  inspector  to 
report  immediately  to  the  health  commissioner  any  and  all 
violations  of  chapter  27,  regulating  nuisances  in  the  city  of 
Salt  Lake,  that  may  come  to  his  knowledge. 

[May  29,  1890.] 

Place  of   Business. 

SEC.  9.     A  suitable  place  of  business  shall  be  provided  for 
the  board  of  health  by  the  city  council. 
[May  29,  1890.] 

Penalty  for   Violation. 

SEC.  10.  That  any  person  who  violates,  disobeys,  omits, 
neglects  or  refuses  to  comply  with,  or  resists  any  of  the  pro- 
visions of  this  chapter,  or  who  refuses  or  neglects  to  obey  any 
of  the  rules,  orders,  proclamations  or  sanitary  regulations  of  the 
board  of  health,  health  commissioner  or  mayor,  or  who  omits, 
neglects  or  refuses  to  comply  with,  or  who  resists  any  officers,  or 
orders,  or  special  regulations  of  said  board  of  health,  health 
commissioner  or  mayor,  shall,  upon  conviction,  be  fined  in  a 
sum  not  less  than  five  ($5)  dollars  nor  more  than  one  hundred 
($100)  dollars. 

[May  29,  1890.] 


EULES    APPROVED    BY   THE    BOARD   OF  HEALTH, 
AUGUST  8,  1890. 


Births. 

RULE  I.  All  physicians  and  wid wives  shall  return  to  the 
board  of  health  a  statement  of  each  birth  at  the  end  of  each 
month,  giving  date  of  birth,  name,  sex  and  color,  also  the  name, 
age,  nativity,  occupation  and  residence  of  parents. 


BOARD   OF   HEALTH.  137 


Burials. 

RULE  I.  No  person  shall  receive  a  permit  for  burial  who 
does  not  present  to  the  board  of  health  a  certificate  of  death 
signed  by  the  attending  physician  or  midwife  and  undertaker. 

RULE  II.  No  person  shall  be  allowed  to  remove  from  Salt 
Lake  City  the  remains  of  a  dead  person  without  first  presenting 
to  the  board  of  health  a  certificate  of  death  properly  signed  by 
a  physician,  in  good  standing,  and  an  undertaker,  and  must  ob- 
tain from  the  health  commissioner  a  permit  for  such  transit. 

RULE  III.  Any  person  or  persons  having  died  from  diph- 
theria, scarlet  fever  or  smallpox  shall  have  no  public  burial. 

Quarantine. 

RULE  I.  It  shall  be  the  duty  of  all  physicians  to  report 
immediately  to  the  board  of  health  all  cases  of  diphtheria, 
smallpox  and  scarlet  fever. 

RULE  II.  The  place  wherein  any  person  or  persons  are 
located  having  any  of  the  diseases  mentioned  in  Rule  I  shall 
have  displayed  thereon  a  yellow  flag,  upon  which  is  printed  in 
plain  black  letters  the  name  of  the  disease  which  therein  exists. 

RULE  III.  .The  quarantine  flag  must  be  allowed  to  remain 
at  least  twenty-one  (21).  days  after  scarlet  fever  and  seven  (7) 
days  after  diphtheria  is  first  reported,  and  it  shall  be  unlawful 
for  any  person  or  persons  to  remove  or  interfere,  in  any  way, 
with  said  flag  without  permission  from  health  commissioner. 

RULE  IV.  No  person  who  is,  or  has  been,  affected  with 
any  of  the  diseases  named  in  Rule  I  shall  be  permitted  to  leave 
the  house  in  which  he  or  she  resides  or  lodges  without  a  permit 
from  the  board  of  health,  to  be  issued  on  receipt  of  a  certificate 
from  the  attending  physician  that  all  danger  of  communicating 
the  disease  has  passed;  and  no  person  residing  or  lodging  in  a 
house  wherein  such  a  disease  is  present  shall  attend  school, 
church  or  other  public  place  without  permission  from  the  board 
of  health.  Twenty-eight  (28)  days  must  have  elapsed  after  the 
quarantine  has  been  removed  from  places  wherein  scarlet  fever 
has  existed,  and  seven  (7)  days  wherein  diphtheria  has  existed, 
before  a  permit  to  attend  school  will  be  granted. 


138  BOAKD   OF   PUBLIC  WORKS. 


CHAPTER  VI. 


BOARD  OF  PUBLIC  WORKS. 

Die  ni  bers— Chairman. 

SECTION  1.  No  member  of  the  board  of  public  works  shall 
ever  be,  directly  or  indirectly,  interested  in  any  contract  entered 
inbo  by  them  on  behalf  of  said  city,  nor  shall  they  or  either  of 
them  be  interested,  either  directly  or  indirectly,  in  the  purchase 
of  any  material  to  be  used  or  applied  in  or  about  the  perform- 
ance of  any  such  contract,  or  in  any  work  of  improvement  of 
said  city.  The  chairman  shall  devote  all  necessary  time  to  the 
performance  of  his  official  duties,  and  shall  give  to  the  perform- 
ance of  all  contracts  and  the  erection  and  construction  of  all 
improvements  contemplated  by  this  ordinance,  his  personal 
supervision. 

[May  29,  1890.] 

Duties  of  Board— Contracts. 

SEC.  2.  It  shall  be  the  duty  of  -the  board  of  public  works 
of  Salt  Lake  City,  to  make  contracts  on  behalf  of  said  city  for 
the  performance  of  all  such  works  and  the  erection  of  all  such 
improvements  as  may  be  ordered  by  the  council,  but  only  with 
the  approval  of  the  council;  to  superintend  the  performance  of 
all  contracts,  and  the  construction  and  erection  of  .all  such  im- 
provements ;  to  approve  the  estimates  of  the  city  engineer 
which  may  be  made  from  time  to  time,  of  the  value  of  work  as 
the  same  may  progress;  to  accept  any  work  done  or  improve- 
ments made  when  the  same  shall  be  fully  completed  according 
to  contract,  subject  however,  to  the  approval  of  the  council;  and 
to  perform  such  duties  not  herein  prescribed  as  may  hereafter 
be  devolved  upon  them  by  ordinance.  Every  contract  to  be  so 
made  by  said  board  shall  contain  such  stipulations  as  shall  re- 
quire the  contractor  to  erect  and  maintain  good  and  sufficient 


BOAKD   OF   PUBLIC  WORKS.  139> 

guards,  barricades  and  signals  at  all  unsafe  places  at  or  near 
where  the  work  or  improvement  contemplated  by  the  contractor 
is  to  be  done  or  made;  also  such  stipulations  as  will  render  the 
contractor  and  his  bondsmen  in  every  case  liable  over  to  the 
city  for  any  liability  that  it  may  incur  for  any  injury  that  any 
person  may  suffer  by  reason  of  the  failure  to  erect  and  maintain 
such  good  and  sufficient  barricades,  guards  or  signals;  every 
contract  shall  also  contain  a  provision,  that  in  case  any  injury 
to  any  person  shall  arise  by  reason  of  the  failure  to  erect  and' 
maintain  such  barricades,  guards  and  signals,  or  by  reason  of  any 
negligence  of  the  contractor,  his  agents  or  employees,  during 
the  performance  of  the  contract  or  before  the  warrants  to  be- 
come due  on  the  contract  shall  have  been  delivered,  the  city 
and  its  officials  may  withhold  such  payment  so  long  as  shall 
seem  necessary  for  the  indemnity  of  the  city.  Such  contracts 
shall  also  contain  a  provision  that  when  the  contractor  shall  re- 
move any  earth  from  any  street,  alley  or  other  public  place,  the 
same  shall  when  replaced,  be  solidly  tamped,  and  the  said  board 
shall  make  such  further  rules  and  regulations  in  the  said  city's 
behalf  as  will  insure  full  protection  to  the  eity  from  loss,  or  lia- 
bilities, and  make  such  further  stipulations  in  such  contracts  as 
will  insure  the  city  from  all  loss  or  liability  that  may  arise  by 
reason  of  the  carelessness  or  negligence  of  such  contractors,, 
their  agents  or  servants. 
[May  29,  1890.] 

Specifications— Advertisements— Books. 

SEC.  3.  It  shall  be  the  duty  of  the  board,  in  connection 
with  the  city  engineer,  to  supervise  and  prepare  all  specifica- 
tions for  sewer  work,  paving,  macadamizing  or  repaving,  or  other 
work,  when  necessary  to  be  let  by  contract,  such  specifications 
to  be  submitted  to  the  city  council  for  approval  before  being 
advertised,  and  to  advertise  for  the  same  for  a  period  of  not  less 
than  two  weeks  ;  said  advertisement  to  be  inserted  at  least  twice 
a  week  in  a  daily  paper  of  the  city  for  the  period  specified,  and 
in  such  other  additional  journals  as  may  be  deemed  by  them 
expedient  and  as  the  council  may  especially  order.  The  board 
shall  procure  and  keep  a  special  book  to  be  termed  "Book  of 
Specifications,"  in  which  shall  be  entered  full  and  complete- 


140  BOAED   OF   PUBLIC  WORKS. 

.specifications  of  all  details  of  work  to  be  contracted  and  adver 
tised  for,  and  also  printed  copies  of  all  advertisements  pertain- 
ing to  the  same,  from  each  newspaper  or  journal  in  which 
.advertisements  shall  have  been  inserted,  with  the  date  when 
each  advertisement  was  published,  together  with  the  cost  of  the 
same. 

The  board  shall  keep  a  book  of  board  proceedings,  in  whic> 
.shall  be  entered  in  detail  full  and  complete  minutes  of  all  the, 
transactions  of  said  board  at  general  and  special  meetings 

[May  29,  1890.] 

Books— Minutes— Office  Hours. 

SEC.  4.  The  board  shall  also  keep  a  book  termed  "A  Con- 
tract Book,"  in  which  all  contracts  shall  be  entered  in  full  and 
•.signed  by  the  contracting  parties.  The  books  in  this  ordinance 
provided  for  shall  be  regarded  as  public  records  and  shall  be 
open  to  the  inspection  of  any  officer  or  taxpayer  of  the  city,  and 
the  board  shall  keep  such  other  books  as  may  be  necessary  to 
constitute  a  complete  record  of  all  the  business  to  be  transacted 
'by  said  board  or  its  members.  The  chairman  of  the  board, 
unless  specially  provided  by  the  council,  shall  keep  all  the 
minutes  of  the  proceedings  of  the  board,  and  make  and  keep  all 
other  records  required  by  said  board.  He  shall  keep  regular 
-office  hours,  to  be  specified  on  a  notice  duly  attached  to  the  door 
of  the  office  of  the  board. 

[May  29,  1890.] 

Inspectors— Expenditures. 

SEC.  5.  The  board  of  public  works  shall  have  authority  to 
employ  competent  inspectors  upon  all  works  under  its  charge, 
to  supervise  the  same,  and  shall  keep  an  accurate  account  of 
-expenditures  incurred  in  such  supervision,  and  cause  the  same 
to  be  charged  to  such  works  and  paid  out  of  the  levies  to  be 
made  therefor;  Provided,  the  employment  of  all  inspectors  shall 
be  subject  to  the  approval  of  the  city  council. 

[May  29,  1890.] 

Regular  and  Special  Meetings— Quorum— Votes. 

SEC.  6.  The  board  of  public  works  shall  meet  regularly  on 
tthe  evening  of  the  first  and  third  Wednesday  of  each  month  at 


BOARD   OF   PUBLIC   WORKS.  141 


7  o'clock,  and  at  such  additional  periods  as  shall  be  deemed 
necessary  by  the  chairman  of  the  board ;  Provided,  that  at  least 
one  day's  notice  of  such  special  meeting  be  given  to  tb.e  mem- 
bers thereof.  Three  members,  one  of  whom  must  be  the  chair- 
man or  temporary  chairman,  as  hereinafter  provided  for,  shall 
constitute  a  quorum  to  transact  business,  and  the  chairman  of 
the  board  shall  be  empowered,  and  to  that  end  may  call  upon/ 
the  chief  of  police  or  his  deputies,  to  enforce  attendance  of 
members  at  meetings,  excepting  in  case  of  sickness.  Votes 
upon  all  questions  coming  before  the  board  shall  be  recorded, 
specifically  giving  the  names  of  those  voting  and  how  the  votes 
are  cast. 

[September  9,  1890.] 

Temporary  Chairman— Absence— Special  Permit. 

SEC.  7.  In  case  of  sickness  or  prolonged  absence  from  the' 
city  of  the  chairman  of  the  board,  the  mayor,  with  the  approval 
of  the  council,  shall  designate  one  of  the  four  remaining  mem- 
bers to  act  as  temporary  chairman,  who  shall  draw  the  pay  and" 
have  the  same  power  and  perform  all  the  duties  of  the  regular 
chairman  during  such  sickness  or  absence,  which  pay  shall  be 
withheld  from  the  chairman  for  said  purpose.  The  chairman 
of  the  board  shall  not  be  absent  from  the  city  without  a  special 
permit  from  the  council.  Any  absence  in  violation  of  these 
regulations  shall  be  considered  a  just  cause  for  dismissal  from 
said  board. 

[May  29,  1890.] 

Contracts— Bonds— Abstracts  of  Bids— Estimates. 

SEC.  8.  All  contracts  for  grading,  paving,  repaving,  mac- 
adamizing or  guttering  of  any  street,  avenue  or  alley,  or  any 
part  thereof,  in  the  city,  for  which  a  special  tax  shall  be  levied, 
shall  be  done  by  contract  with  the  lowest  responsible  bidder,  to- 
be  determined  by  the  board,  subject  to  the  approval  of  the 
council.  The  right  to  reject  any  and  all  bids  shall  be  reserved 
in  all  cases.  Good  and  sufficient  bonds  shall  be  required  of  all 
contractors,  to  be  approved  by  board  subject  to  the  approval 
of  the  council.  The  board  shall,  after  duly  advertising  for  bids- 


142  BOARD   OF   PUBLIC  WORKS. 

for  any  public  work  that  may  be  ordered  by  the  council,  and 
after  opening  the  bids,  cause  a  contract,  together  with  an  ab- 
stract of  the  bids  to  be  made,  to  be  submitted  to  the  council 
with  its  recommendations  touching  the  same,  and  when  any 
contract  shall  be  confirmed  by  the  council,  the  board  may  at 
once  assume  charge  of  the  performance  thereof.  All  monthly 
or  other  estimates  of  the  city  engineer  based  upon  contract 
work  to  be  done  under  the  supervision  of  the  board  shall  be 
approved  by  the  board,  and  be  so  duly  certified  by  its  chairman 
before  the  same  shall  be  embraced  in  any  appropriation  ordi- 
nance. 

[May  29,  1890.] 

Duties  of  Board. 

SEC.  9.  It  shall  be  the  duty  of  the  board  to  supervise  any 
and  all  excavations  of  streets  for  water,  gas  or  sewer  pipe,  or 
other  purposes;  it  shall  see  that  streets  are  not  unduly  obstructed 
by  persons  performing  any  work  therein ;  it  shall  see  that  proper 
barricades  and  guards  and  signals  at  all  such  places  are  put  up 
and  maintained  by  the  contractors,  owners  or  persons  doing 
such  work;  it  shall  see  that  all  earth,  paving  or  other  material 
removed  from  the  streets  and  alleys  by  any  persons  for  any  of 
the  above  purposes  are  properly  replaced,  and  that  earth  so  re- 
moved is  solidly  tamped  where  replaced  and  left  in  as  good  con- 
dition as  it  was  before  the  same  was  removed,  and  by  them 
maintained  in  such  condition  for  six  months;  it  shall  see  that 
when  paving  material  is  removed  that  the  same  is  kept  properly 
separated  from  the  soil,  and  that  all  deficiencies  in  such  paving 
material  are  made  good  when  the  paving  is  replaced;  also  that 
all  surplus  material  shall  be  taken  off  the  street  by  the  person 
holding  the  permit  below  provided  for,  or  under  such  rules  and 
regulations  as  the  board  may  provide . 

[May  29,  1890.] 

Excavations— Signals— Penalty. 

SEC.  10.  No  person  shall  be  allowed  to  make  any  excava- 
tions in  any  street  or  alley,  or  remove  any  pavement  or  other 
material  forming  any  street  or  improvement  thereon,  without  a 
permit  from  the  board,  to  be  signed  by  the  chairman,  to  be 


BOARD   OP   PUBLIC   WORKS.  143 

made  only  upon  the  written  application  of  the  party  desiring 
such  permit,  which  application  shall  be  filed  away  in  an  orderly 
manner  and  duly  preserved;  such  person  shall  be  required  to 
erect  and  maintain  such  good  and  sufficient  barricades,  guards, 
lights  and  signals  as  will  protect  the  public  from  loss  or  injury, 
Any  person  who  shall  do  or  perform  any  of  the  acts  prohibited  by 
this  section,  and  any  person  who  shall,  while  acting  under  the 
permit  of  said  board,  fail  to  erect  and  maintain  good  and 
sufficient  barricades,  guards,  lights  and  signals,  as  herein  pro- 
vided, shall,  upon  conviction  thereof,  be  fined  in  any  sum  not 
less  than  twenty-five  ($25)  dollars  nor  more  than  one  hundred 
($100)  dollars.  The  board  of  public  works  may  call  upon  the 
chief  of  police  or  street  supervisor  to  aid  in  enforcing  the  pro- 
visions of  this  section,  under  such  rules  and  regulations  as  it 
may  prescribe,  subject  to  the  approval  of  the  mayor  and 
council. 

[May  29,  1890.] 

Members  to  Accept  No  Other  Office. 

SEC.  11.  No  member  of  such  board  shall  accept  any  other 
public  office  created  by  law,  or  nomination  of  any  party  there- 
for; so  to  do  shall  be  deemed  a  resignation  of  his  said  office. 

[May  29,  1890.] 

Removal  of  Members. 

SEC.  12.  Any  member  of  such  board  may  at  any  time  be 
removed  by  a  vote  of  two-thirds  of  the  members  elected  to  the 
council,  for  sufficient  cause,  and  the  proceedings  in  that  behalf 
shall  be  entered  in  the  journal  of  the  council. 

Provided,  that  the  council  shall  previously  cause  a  copy 
of  the  charges  preferred  against  such  member  sought  to  be 
removed,  and  a  notice  of  the  time  and  place  of  hearing,  to  be 
served  upon  him  at  least  ten  days  previous  to  the  time  so 
assigned,  and  opportunity  be  given  him  to  make  his  defense. 

[May  29,  1890.] 

Repair  of*  Pavements  and  Cnrbs. 

SEC.  13 .  The  board  of  public  works  shall  keep  in  good 
repair  the  pavement  on  all  streets  where  no  contract  exists  for 


144  BOARD    OF   PUBLIC   WORKS. 

said  repairs.     Said  board  shall  also  keep  the   curb  stones  in 
place  and  raise  all  sunken  curbs  to  their  proper  positions. 
[May  29,  1890.] 

Contractors— Streets— S  idewalks. 

SEC.  14.  Said  board  shall  require  that  contractors  for  pav- 
ing and  also  for  curbing  shall  clean  up  the  street  along  the  line 
of  the  improvements  respectively  made  by  them,  and  free,  the 
sidewalks  from  all  obstruction  caused  by  making  the  improve- 
ments, before  the  final  acceptance  of  the  work  by  said  board. 

[May  29,  1890.] 

Aprons. 

SEC.  15.  Said  board  shall  have  and  they  are  hereby  re- 
quired to  exercise  supervision  of  the  aprons  placed  on  gutters 
and  at  street  crossings,  and  upon  information  to  said  board  that 
said  aprons  or  any  thereof  are  misplaced  or  mislaid,  or  injured 
or  destroyed,  said  board  shall  take  immediate  steps  to  restore", 
replace  and  repair  the  same,  and  for  this  purpose  said  board,  or 
any  member  thereof,  is  hereby  authorized  to  call  upon  the  street 
supervisor  to  furnish  such  labor  as  may  be  requisite  and  within 
his  power  to  provide. 

[May  29,  1890.] 

Sidewalks. 

SEC.  16.  Said  board  shall  have  supervision  of  sidewalks 
where  grading  or  other  work  on  the  streets  and  alleys  is  being 
done  or  performed  by  contractors,  requiring  the  removal  of  such 
walks.  Said  board  is  hereby  empowered  and  directed  to  call 
upon  the  street  supervisor  to  examine  and  report  the  condition 
of  such  walks  before  removal  and  thereafter,  and  when  such 
work  on  said  street  or  alley  is  done  and  performed,  to  require 
the  contractor  performing  such  work  to  restore  and  replace  the 
sidewalks  so  removed  as  fully  and  completely  as  is  practicable 
and  consistent  with  the  condition  of  the  same  before  removal, 
and  said  board  shall  withhold  from  said  contractors  their  final 
estimate  until  such  requirements  regarding  said  walks  are  com- 
plied with. 

[May  29,  1890.] 


BOAED   OF   PUBLIC   WORKS.  145 

Authority  for  Expenditures. 

SEC.  17.  In  any  and  all  cases  in  sections  13,  14,  15  and  16, 
in  this  ordinance  specified,  where  the  work  cannot  be  performed 
by  the  street  supervisor,  and  requiring  an  expenditure  of  money, 
said  board  shall  at  once  report  the  fact,  together  with  an  esti- 
mate, to  the  city  council,  and  receive  authority  for  making  the 
expenditure  desired. 

[May  29,  1890.] 

Bonds  -  Sureties. 

SEC.  18.  Any  and  all  bonds  executed  or  given  by  any  and 
all  contractors  for  the  performance  of  any  public  work,  fulfill 
ment  of  any  agreement,  or  performance  of  any  duty  in  which 
said  contractors  may  engage  with  the  city,  shall  be  signed  by  no 
less  than  two  sureties,  who  shall  be  resident  freeholders  of  the 
county  of  Salt  Lake,  Territory  of  Utah,  and  who  shall  each  and 
all  justify  under  oath  that  they  are  such  resident  freeholders, 
and  that  they  are  severally  worth  the  amount  of  said  bond  over 
and  above  all  debts,  liabilities,  obligations  and  exemptions. 
Said  sureties  shall,  if  required,  furnish  under  oath  a  statement 
of  the  realty  of  which  they  claim  to  be  owners  at  the  time 
of  executing  any  bond  by  them  as  such  sureties. 

[May  29,  1890.] 

Who  Not  Accepted  as  Sureties. 

SEC.  19.  No  person  or  persons,  firm  or  corporations,  having 
any  contract  or  agreement  with  the  city  for  the  performance  of 
any  service,  or  fulfillment  of  any  duty,  or  obligation  for  the  city, 
shall  be  accepted  as  surety  upon  the  bond  of  any  other  con- 
tractor having  agreements  or  contracts  with  the  city,  and  no 
person  holding  any  official  position  under  or  in  connection  with 
the  city  shall  be  accepted  as  such  surety. 

[May  29,  1890.] 

Additional  Duties  of  Board. 

SEC.  20.  It  is  hereby  made  the  duty  of  the  board  of  public 
works  to  enforce  the  requirements  of  this  ordinance,  and  said 
board  is  hereby  prohibited  from  accepting  or  approving  any 

bond  for  any  public  work  or  service  not  executed  in  accordance 
10 


" 


146  BONDS   ISSUED   FOR   CORPORATE   PURPOSES. 

with  the  provisions  thereof.     And  in  transmitting  any  bond  to 
the  city  council  for  its  approval,  said  board  shall  certify  that 
they  have  made  due  examination  and  test  of  all  matters  by  them 
required  to  be  observed. 
[May  29,  1890.] 


CHAPTER  VII. 


BONDS  ISSUED  FOE  CORPORATE  PURPOSES. 


A  RESOLUTION 

PROVIDING   FOR   THE   ISSUE   OF   BONDS   FOR   CORPORATE  PURPOSES. 


For  $50O,OOO. 

WHEREAS,  The  corporation  of  Salt  Lake  City  is  now  in- 
debted in  the  sum  of  about  two  hundred  and  fifty  thousand 
dollars,  and  on  the  whole  of  the  existing  indebtedness  the  cor- 
poration is  paying  about  seven  per  centum  per  annum; 

Now,  for  the  purpose  of  borrowing  money  at  a  less  rate  of 
interest  to  discharge  and  refund  said  indebtedness;  for  the  fur- 
ther purpose  of  obtaining  a  greater  supply  of  water  for  the  use 
of  the  inhabitants  of  said  city,  and  for  other  corporate  pur- 
poses, it  has  been  deemed  prudent  and  best  to  issue  a  series  of 
five  hundred  one-thousand-dollar  bonds,  pursuant  to  an  act  of 
the  Legislative  Assembly  of  the  Territory  of  Utah,  approved 
March  8,  1888;  therefore 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City,  That  for  the  purpose  of  discharging  and  refunding 
said  indebtedness,  obtaining  money  to  increase  the  water  supply 
of  Salt  Lake  City,  and  for  other  corporate  purposes,  said  cor- 


BONDS   ISSUED   FOE   CORPORATE    PURPOSES.  147 

poration  shall  issue  a  series  of  five  hundred  engraved  coupon 
bonds,  of  the  denomination  of  one  thousand  dollars  each,  the 
principal  payable  at  the  office  of  the  city  treasurer  in  Salt  Lake 
City,  twenty  years  after  the  date  thereof,  redeemable,  however, 
at  the  option  of  said  corporation,  any  time  after  ten  years  from 
the  date  of  their  issue;  said  bonds  to  bear  date  of  September  1,. 
1888,  with  interest  from  the  date  thereof  at  the  rate  of  five  per 
centum  per  annum,  the  interest  payable  on  the  first  day  of 
March,  1889,  and  semi-annually  thereafter  on  the  first  days  of 
September  and  March  in  each  year,  in  the  city  of  New  York,  at 
the  banking  house  of  the  American  Exchange  National  Bankr. 
or  its  successors,  or  at  the  Deseret  National  Bank,  in  Salt  Lake 
City,  or  its  successors,  on  presentation  and  surrender  of  the 
coupons  as  they  become  due;  both  interest  and  principal  pay- 
able in  lawful  money  of  the  United  States;  and  said  bonds  shall 
be  exempt  from  taxation  by  said  city. 

SEC.  2.  Said  bonds  shall  be  signed  by  the  mayor  and  treas- 
urer of  said  city,  and  before  the  issuance  of  any  of  them  the 
corporate  seal  of  said  city  shall  be  thereunto  affixed,  duly  at- 
tested by  the  recorder  of  said  city. 

SEC.  3.  Said  bonds  shall  be  numbered  from  one  to  five 
hundred,  both  inclusive;  and  they  shall  be  registered  in  numer- 
ical order  in  a  book  kept  for  that  purpose  by  the  auditor  of  said 
city;  and  said  bonds  shall  be  sold  only  upon  the  order  of  the 
city  council,  and  in  such  lots  and  on  such  terms  as  it  shall 
designate;  and  to  each  of  said  bonds  there  shall  be  attached 
forty  coupons,  numbered  respectively  from  one  to  forty,  both; 
inclusive,  with  the  proper  dates  of  payment  named  therein. 

SEC.  4.  The  seal  of  the  corporation  shall  not  be  impressed 
upon  said  bonds  until  the  time  of  sale  thereof,  and  then  such 
impression  shall  be  made  in  the  presence  of  the  mayor,  treas- 
urer and  committee  on  finance  of  said  city  ;  Provided,  the 
order  of  selling  and  attesting  said  bonds,  including  the  sealing 
thereof,  may  be  changed  or  modified  by  order  of  the  city 
council. 

-  SEC.  5.  Whenever  the  city  council  of  Salt  Lake  City  shall 
have  arranged  to  issue  said  bonds,  or  any  part  of  them,  said 
council  shall  direct  the  treasurer  of  said  city  to  advertise  for 
the  sale  of  bonds  to  be  issued  as  aforesaid,  by  causing  a  notice* 


" 


148  BONDS  ISSUED  FOR  CORPORATE  PURPOSES. 

of  said  sale  to  be  published  for  a  period  of  one  month  in  three 
daily  newspapers  published  in  Salt  Lake  City.  Such  notice 
shall  specify  the  amount  of  bonds  to  be  sold,  the  rate  of  interest 
they  shall  bear,  the  place,  day  and  hour  of  sale,  and  that  bids 
will  be  received  by  said  treasurer  for  the  purchase  of  said  bonds 
^within  fifteen  days  from  the  expiration  of  said  publication  in 
said  papers;  and  at  the  place  and  time  named  in  said  notice  the 
said  treasurer  of  said  city,  together  with  the  committee  on 
finance  of  the  said  city  council,  shall  open  all  bids  received  by 
>said  treasurer,  and  they  shall  award  the  purchase  of  said  bonds } 
•or  the  portion  offered  for  sale,  to  the  highest  bidder  or  bidders 
therefor;  Provided,  that  said  treasurer  and  said  committee  on 
finance  shall  have  the  right,  in  behalf  of  said  city,  to  reject  any 
and  all  bids;  and  provided  further,  that  they  may,  in  their  dis 
cretion,  refuse  to  make  any  award  of  said  bonds  unless  sufficient 
security  shall  be  furnished  by  the  bidder  or  bidders  for  the 
compliance  with  the  terms  of  his  or  their  bids. 

SEC.  6.  For  the  purpose  of  providing  for  the  payment  of 
the  interest  on  said  bonds,  as  the  same  shall  become  due,  the 
sum  of  twenty-five  thousand  dollars,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  annually. 

SEC.  7.  At  the  expiration  of  ten  years  after  the  issuance  of 
said  bonds  there  shall  be  set  apart,  and  the  same  is  hereby  ap- 
propriated annually,  the  sum  of  fifty  thousand  dollars  as  a  sink- 
ing fund  to  pay  the  principal  of  said  bonds  as  the  same  shall 
fall  due,  or  be  called,  as  provided  in  section  8  of  this  resolution; 
Provided,  that  nothing  herein  shall  be  construed  to  prohibit 
the  city  council  at  any  time  from  making  any  other  provisions 
for  the  redemption  of  any  or  all  of  said  bonds  after  the  expira- 
tion of  said  ten  years. 

SEC.  8.  Whenever,  after  the  expiration  of  ten  years  from 
the  issuance  of  said  bonds,  there  is  available,  as  provided  in  the 
preceding  section,  or  otherwise,  the  sum  of  fifty  thousand  dol- 
lars, or  more,  it  shall  be  the  duty  of  the  city  treasurer  to  pub- 
lish a  notice  stating  the  number  of  bonds  to  be  redeemed^ 
commencing  at  the  highest  number  then  outstanding,  and  the 
date  when  they  will  be  paid,  and  if  such  bonds  so  numbered  in 
saiu  notice  shall  not  be  presented  for  payment  and  cancellation 
at  the  date  mentioned  in  the  publication,  then  such  fund  shall 


BONDS   ISSUED   FOR   CORPORATE   PURPOSES.  149 

remain  in  the  treasury  to  discharge  such  bonds  whenever  pre- 
sented; but  said  called  bonds  shall  draw  no  interest  after  the 
date  specified  in  said  notice. 
[Adopted  July  10,  1888.] 


A  RESOLUTION 

PROVIDING   FOR   THE   ISSUE   OF   BONDS   FOR   CORPORATE   PURPOSES. 


For  $50O,OOO. 

WHEREAS,  The  corporation  of  Salt  Lake  City  is  desirous 
of  borrowing  the  sum  of  five  hundred  thousand  dollars  for  the 
making  of  permanent  improvements  and  for  other  corporate 
purposes,  and  it  has  been  deemed  prudent  and  best  to  issue  a 
series  of  five  hundred  one-thousand-dollar  bonds,  pursuant  to 
an  act  of  the  Legislature  of  the  Territory  of  Utah,  approved 
March  8,  1888;  therefore  : 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City,  That  for  the  purpose  of  obtaining  money  for  per- 
manent improvements  and  other  corporate  purposes,  said  cor- 
poration shall  issue  a  series  of  five  hundred  coupon  engraved 
bonds  of  the  denomination  of  one  thousand  dollars  each,  the 
principal  payable  at  the  office  of  the  city  treasurer  in  Salt  Lake 
City  twenty  years  after  the  date  thereof,  redeemable,  however, 
at  the  option  of  said  corporation,  any  time  after  ten  years  from 
the  date  of  their  issue,  said  bonds  to  bear  date  of  January  first, 
1891,  with  interest  from  the  date  thereof  at  the  rate  of  five  per 
cent,  per  annum,  the  interest  payable  on  the  first  day  of  July, 
1891,  and  semi-annually  thereafter,  on  the  first  days  of  January 
and  July  in  each  year,  in  the  city  of  New  York,  at  the  banking 
house  of  the  Importers  and  Traders'  National  Bank  or  at  the 
Union  National  Bank  in  Salt  Lake  City,  or  its  successors,  on 
presentation  and  surrender  of  the  coupons  as  they  become  due, 
both  interest  and  principal  payable  in  lawful  money  of  the 
United  States,  and  said  bonds  shall  be  exempt  from  taxation  by 
said  city. 


150  BONDS   ISSUED   FOB   COEPORATE   PUEPOSES. 

SEC.  2.  Said  bonds  shall  be  signed  by  the  mayor  and  treas- 
urer of  said  city,  and  before  the  issuance  of  any  of  them  the 
corporate  seal  of  said  city  shall  be  thereunto  affixed,  duly  at- 
tested by  the  recorder  of  said  city. 

SEC.  3.  Said  bonds  shall  be  numbered  from  one  to  five 
hundred,  both  inclusive,  and  they  shall  be  registered  in  numer- 
ical order  in  a  book  kept  for  that  purpose  by  the  auditor  of  said 
city,  and  said  bonds  shall  be  sold  only  upon  the  order  of  the 
city  council,  and  in  such  lots  and  on  such  terms  as  it  shall  desig- 
nate ;  and  to  each  of  said  bonds  there  shall  be  attached  forty 
coupons,  numbered  respectively  from  one  to  forty,  both  inclu- 
sive, with  the  proper  dates  of  payment  named  therein. 

SEC.  4.  The  seal  of  the  corporation  shall  not  be  impressed 
upon  said  bonds  until  the  time  of  sale  thereof,  and  then  such 
impression  shall  be  made  in  the  presence  of  the  mayor  and  treas- 
urer and  committee  of  finance  of  said  city  ;  Provided,  the  order 
of  selling  and  attesting  said  bonds,  including  the  sealing  thereof, 
may  be  changed  or  modified  by  order  of  the  city  council. 

SEC.  5.  Whenever  the  city  council  of  Salt  Lake  City  shall 
have  arranged  to  issue  said  bonds,  or  any  part  of  them,  said 
council  shall  direct  the  treasurer  of  said  city  to  advertise  for  the 
sale  of  said  bonds,  to  be  issued  as  aforesaid,  by  causing  a  notice 
of  said  sale  to  be  published  for  a  period  of  one  month  in  three 
daily  newspapers  published  in  Salt  Lake  City.  Such  notice 
shall  specify  the  amount  of  bonds  to  be  sold,  the  rate  of  interest 
they  shall  bear,  the  place,  day  and  hour  of  sale,  and  that  bids 
will  be  received  by  said  treasurer  for  the  purchase  of  said  bonds 
within  fifteen  days  from  the  expiration  of  said  publication  in 
said  papers  ;  and  at  a  place  and  time  named  in  said  notice  the 
said  treasurer,  together  with  the  committee  on  finance  of  said 
city  council,  shall  open  all  bids  received  by  said  treasurer,  and 
they  shall  award  the  purchase  of  said  bonds,  or  the  portion 
offered  for  sale,  to  the  highest  bidder  or  bidders  therefor  ; 

Provided,  that  said  treasurer  and  said  committee  on  finance 
shall  have  the  right  in  behalf  of  said  city  to  reject  any  and  all 
bids  ;  and  provided  further,  that  they  may,  in  their  discretion, 
refuse  to  make  any  award  of  said  bonds  unless  sufficient  secur- 
ity shall  be  furnished  by  the  bidder  or  bidders  for  the  compli- 
ance with  the  terms  of  his  or  their  bids. 


BONDS   ISSUED   FOR   CORPORATE   PURPOSES.  151 

SEC.  6.  For  the  purpose  of  providing  for  the  payment  of 
the  interest  on  said  bonds  as  the  same  shall  become  due,  the 
sum  of  twenty-five  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  is  hereby  appropriated  annually. 

SEC.  7.  At  the  expiration  of  ten  years  after  the  issuance  of 
said  bonds  there  shall  be  set  apart,  and  the  same  is  hereby  ap- 
propriated annually,  the  sum  of  fifty  thousand  dollars  as  a  sink- 
ing fund,  to  pay  the  principal  of  said  bonds  as  the  same  shall 
fall  due  or  be  called,  as  provided  by  section  8  of  this  resolution; 
Provided,  that  nothing  herein  shall  be  construed  to  prohibit  the 
city  council  from  making  any  other  provision  for  redemption  of 
any  or  all  said  bonds  after  the  expiration  of  said  ten  years. 

SEC.  8.  Whenever,  after  the  expiration  of  ten  years  from 
the  issuance  of  said  bonds,  there  is  available,  as  provided  in  the 
preceding  section  or  otherwise,  the  sum  of  fifty  thousand  dol- 
lars or  more,  it  shall  be  the  duty  of  the  city  treasurer  to  publish 
a  notice  stating  the  number  of  bonds  to  be  redeemed,  commenc- 
ing with  the  highest  number  then  outstanding,  and  the  date 
when  they  will  be  paid ;  and  if  such  bonds,  so  numbered  in  said 
notice,  shall  not  be  presented  for  payment  and  cancellation  at 
the  date  mentioned  in  the  publication,  then  such  funds  shall 
remain  in  the  treasury  to  discharge  such  bonds  whenever  pre- 
sented ;  but  such  call  bonds  shall  draw  no  interest  after  the  date 
specified  in  such  notice. 

[Passed  October  7,  1890.] 


A  RESOL.UTIOX 

PROVIDING   FOR   THE   ISSUANCE   OF   BONDS   FOR   CORPORATE 
PURPOSES. 


For  t2OO,OOO. 

WHEREAS,  The  corporation  of  Salt  Lake  City  is  desirous  of 
borrowing  the  sum  of  two  hundred  thousand  dollars  for  the 
making  of  permanent  improvements  and  for  other  corporate 
purposes,  and  it  has  been  deemed  prudent  and  best  to  issue  a 


152  BONDS   ISSUED   FOB   COEPOBATE   PUBPOSES. 

series  of  two  hundred  one-  thousand-dollar  bonds,  pursuant  to 
the  provisions  of  an  act  of  the  Governor  and  Legislative  Assem- 
bly of  the  Territory  of  Utah,  approved  March  8,  1888;  there- 
fore, 

SECTION  1.  Be,  and  it  is,  resolved  by  the  City  Council  of 
Salt  Lake  City :  That  for  the  purpose  of  obtaining  money  for 
permanent  improvements  and  for  other  corporate  purposes,  said 
corporation  shall  issue  a  series  of  two  hundred  engraved  coupon 
bonds  of  the  denomination  of  one  thousand  dollars  each,  the 
principal  payable  at  the  office  of  the  city  treasurer  of  the  city 
of  Salt  Lake  twenty  years  after  the  date  thereof,  redeemable, 
however,  at  the  option  of  said  corporation  at  any  time  after  ten 
years  from  the  date  of  their  issue.  Said  bonds  to  bear  date  of 
July  1,  1891,  with  interest  from  the  date  thereof  at  the  rate  of 
five  per  cent,  per  annum,  and  payable  semi-amiually  thereafter, 
on  the  first  days  of  January  and  July  in  each  year,  in  the  city 
of  New  York,  at  the  banking  house  of  the  Importers  and 
Traders'  National  Bank,  or  its  successors,  or  at  the  Union  Na- 
tional Bank,  in  Salt  Lake  City,  or  its  successors,  on  presenta- 
tion and  surrender  of  the  coupons  as  they  become  due,  both 
interest  and  principal  payable  in  lawful  money  of  the  United 
States,  and  said  bonds  shall  be  exempt  from  taxation  by  said 
city. 

SEC.  2.  Said  bonds  shall  be  signed  by  the  mayor  and 
treasurer  of  said  city,  and  before  the  issuance  of  any  of  them 
the  corporate  seal  of  said  city  shall  be  thereunto  affixed,  duly 
attested  by  the  recorder  of  said  city. 

SEC.  3.  Said  bonds  shall  be  numbered  from  one  to  two 
hundred,  both  inclusive,  and  they  shall  be  registered  in  numer- 
ical order  in  a  book  kept  for  such  purpose  by  the  auditor  of 
said  city,  and  said  bonds  shall  be  sold  only  upon  the  order  of 
the  city  council,  and  in  such  lots  and  on  such  terms  as  it  shall 
designate;  and  to  each  of  said  bonds  there  shall  be  attached 
forty  coupons,  numbered  respectively  from  one  to  forty,  both 
inclusive,  with  the  proper  dates  of  payment  named  therein. 

SEC.  4.  The  seal  of  the  corporation  shall  not  be  impressed 
upon  said  bonds  until  the  time  of  sale  thereof,  and  then  said 
impression  shall  be  made  in  the  presence  of  the  mayor  and 
treasurer  and  committee  of  finance  of  said  city;  Provided,  the 


BONDS    ISSUED   FOR   CORPORATE   PURPOSES.  153 

order  of  selling  and  attesting  said  bonds,  including  the  sealing- 
thereof,  may  b©  changed  or  modified  by  order  of  the  city  council. 

SEC.  5.  Whenever  the  city  council  of  Salt  Lake  City  shall 
have  arranged  to  issue  said  bonds  or  any  part  of  them,  said 
council  shall  direct  the  treasurer  of  said  city  to  advertise  for 
the  sale  of  bonds  to  be  issued  as  aforesaid,  by  causing  notice  o£ 
said  sale  to  be  published  for  a  period  of  one  month  in  three 
daily  newspapers  published  in  Salt  Lake  City.  Such  notiee 
shall  specify  the  amount  of  bonds  to  be  sold,  the  rate  of  interest 
they  shall  bear,  the  place,  day  and  hour  of  sale,  and  that  bids 
will  be  received  by  said  treasurer  for  the  purchase  of  said  bonds 
within  fifteen  days  from  the  expiration  of  said  publication  in 
said  papers,  and  at  a  place  and  time  named  in  said  notice. 

The  treasurer  of  said  city,  together  with  the  committee  on 
finance  of  said  city  council,  shall  open  all  bids  received  by  said 
treasurer,  and  they  shall  award  the  purchase  of  said  bonds,  or 
the  portion  thereof  offered  for  sale,  to  the  highest  bidder  or 
bidders  therefor;  Provided,  that  said  treasurer  and  said  com- 
mittee on  finance  shall  have  the  right,  on  behalf  of  said  city,  to 
reject  any  and  all  bids;  and  provided  further,  that  they  may,  in 
their  discretion,  refuse  to  make  any  award  of  said  bonds  unless 
sufficient  seeurity  shall  be  furnished  by  the  bidder  or  bidders 
for  the  compliance  with  the  terms  of  his  or  their  bids. 

SEC.  6.  For  the  purpose  of  providing  for  the  payment  of 
the  interest  on  said  bonds  as  the  same  shall  become  due,  the 
sum  of  ten  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  accordingly. 

SEC.  7.  At  the  expiration  of  ten  years  after  the  issuance 
of  said  bonds  there  shall  be  set  apart,  and  the  same  is  hereby 
appropriated,  the  sum  of  twenty  thousand  dollars,  as  a  sinking 
fund,  to  pay  the  principal  of  said  bonds,  as  the  same  shall  fall 
due  or  be  called  as  provided  by  section  eight  of  this  resolution; 
Provided,  that  nothing  herein  shall  be  construed  to  prohibit 
the  city  council  from  making  any  other  provision  for  redemp- 
tion of  any  or  all  of  said  bonds  after  the  expiration  of  ten 
years. 

SEC.  8.  Whenever  after  the  expiration  of  ten  years  from 
the  issuance  of  said  bonds  there  is  available,  as  provided  in  the 
preceding  section  or  otherwise,  the  sum  of  twenty  thousand 


154  BONDS   ISSUED    FOR    CORPORATE   PURPOSES. 

dollars  or  more,  it  shall  be  the  duty  of  the  city  treasurer  to 
publish  a  notice  stating  the  number  of  bonds  to  be  redeemed, 
commencing  with  the  highest  number  then  outstanding,  and  the 
date  when  they  will  be  paid;  and  if  such  bonds  so  numbered  in 
said  notice  shall  not  be  presented  for  payment  or  cancellation 
at  the  date  mentioned  in  the  publication,  then  such  fund  shall 
remain  in  the  treasury  to  discharge  such  bonds  whenever  pre- 
sented; but  such  call  bonds  shall  draw  no  interest  after  the  date 
specified  in  such  notice. 

SEC.  9.  This  resolution  to  take  effect  from  and  after  its 
passage. 

[Passed  and  approved  June  9,  1891.] 

[See  ordinance  passed  May  6,  1892.] 


A  O HIM  \  A  \<  I 

PROVIDING   FOR   THE   ISSUANCE   OF  BONDS   FOR   CORPORATE 
PURPOSES. 


For  §6OO,OOO. 

WHEREAS,  The  corporation  of  Salt  Lake  City  is  desirous 
of  borrowing  the  sum  of  six  hundred  thousand  dollars  for  the 
making  of  permanent  improvements,  and  for  other  corporate 
purposes,  and  it  has  been  deemed  prudent  and  best  to  issue  a 
series  of  six  hundred  one-thousand-dollar  bonds,  pursuant  to 
the  provisions  of  an  act  of  the  Governor  and  the  Legislative 
Assembly  of  the  Territory  of  Utah,  approved  Mareh  8,  1888; 
wherefore, 

SECTION  1.  Be,  and  it  is,  ordained  by  the  City  Council  of 
Salt  Lake  City:  That  for  the  purpose  of  obtaining  money  for 
permanent  improvements  and  for  other  corporate  purposes, 
said  corporation  shall  issue  a  series  of  six  hundred  engraved 
coupon  bonds  of  the  denomination  of  one  thousand  dollars  each, 
the  principal  payable  at  the  office  of  the  city  treasurer  of  the 
•city  of  Salt  Lake  twenty  years  after  the  date  thereof,  redeem- 
able, however,  at  the  option  of  said  corporation,  at  any  time 
after  ten  years  of  the  date  of  their  issue;  said  bonds  to  bear 


. 

BONDS   ISSUED   FOR   COKPORATE   PURPOSES.  155 

date  of  July  1,  1892,  with  interest  from  the  date  thereof  at  the 
rate  of  five  per  cent,  per  annum,  and  payable  semi-annually 
thereafter  on  the  first  days  of  January  and  July  of  each  year, 
in  the  city  of  New  York,  in  the  banking  house  of  Wells,  Fargo 
&  Co.,  or  its  successors,  or  at  the  bank  of  Wells,  Fargo  &  Co.  at 
Salt  Lake  City,  or  its  successors,  on  presentation  and  surrender 
of  the  coupons  as  they  become  due,  both  interest  and  principal 
payable  in  lawful  money  of  the  United  States,  and  said  bonds 
shall  be  exempt  from  taxation  by  said  city. 

SEC.  2.  Said  bonds  shall  be  signed  by  the  mayor  and 
treasurer  of  said  city,  and  before  the  issuance  of  any  of  them 
the  corporate  seal  of  said  city  shall  be  thereunto  affixed,  duly 
attested  by  the  recorder  of  said  city.  The  coupons  attached  to 
each  of  these  bonds,  representing  the  interest  to  accrue  thereon, 
shall  each  be  signed  by  the  treasurer  of  said  city,  either  by  his 
own  hand  or  by  lithographic  copy  of  the  signature  of  said 
treasurer,  and  such  coupons,  when  so  signed,  issued  and  deliv- 
ered by  the  proper  authorities  of  said  city  with  such  bond  or 
bonds,  to  a  purchaser  or  purchasers  thereof,  shall  become  and 
be  the  lawful  obligation  of  said  city  in  the  hands  of  any  person 
to  whom  they  may  lawfully  come  for  the  payment  of  said  inter- 
est as  shown  thereby. 

SEC.  3.  Said  bonds  shall  be  numbered  from  one  to  six 
hundred,  both  inclusive,  and  they  shall  be  registered  in  numer- 
ical order  in  a  book  kept  for  such  purpose  by  the  auditor  of  said 
city,  and  said  bonds  shall  be  sold  only  upon  the  order  of  the 
•city  council,  and  in  such  lots  and  upon  such  terms  as  it  shall 
designate,  and  to  each  of  said  bonds  there  shall  be  attached 
forty  coupons,  numbered  respectively  from  one  to  forty,  both 
inclusive,  with  the  proper  date  of  payment  named  therein. 

SEC.  4.  The  seal  of  the  corporation  shall  not  be  impressed 
upon  said  bonds  until  the  terms  of  sale  thereof,  and  then  said 
impression  shall  be  made  in  the  presence  of  the  mayor  and 
treasurer  and  committee  of  finance  of  said  city;  Provided,  the 
order  of  selling  and  attesting  said  bonds,  including  the  sealing 
thereof,  may  be  changed  or  modified  by  the  order  of  the  city 
council. 

SEC.  5.  Whenever  the  city  council  of  Salt  Lake  City  shall 
have  arranged  to  issue  said  bonds,  or  any  part  of  them,  said 


156  BONDS   ISSUED   FOE   CORPOBATE   PURPOSES. 

council  shall  direct  the  mayor  and  treasurer  of  said  city  to  ad- 
vertise for  the  sale  of  bonds  to  be  issued  as  aforesaid,  by  caus- 
ing notice  of  said  sale  to  be  published  for  a  period  of  one 
month  in  three  daily  newspapers  published  in  Salt  Lake  City. 
Such  notice  shall  specify  the  amount  of  bonds  to  be  sold,  the 
rate  of  interest  they  shall  bear,  the  place,  day  and  hour  of  the 
sale,  and  that  bids  will  be  received  by  said  treasurer  for  the 
purchase  of  said  bonds,  and  at  a  place  and  time  named  in  said 
notice.  The  treasurer  of  said  city,  together  with  the  mayor  and 
committee  on  finance  of  said  city  council,  shall  open  all  bids 
received  by  said  treasurer,  and  they  shall  award  the  purchase 
of  said  bonds,  or  the  portion  thereof  offered  for  sale,  to  the 
highest  bidder  or  bidders  therefor;  Provided,  that  said  treas- 
urer, mayor  and  said  committee  on  finance  shall  have  the  right 
on  behalf  of  said  city  to  reject  any  and  all  bids;  and  provided 
further,  that  they  may,  in  their  discretion,  refuse  to  make  any 
award  of  said  bonds  unless  sufficient  security  shall  be  furnished 
by  the  bidder  or  bidders  for  the  compliance  with  the  terms  of 
his  or  their  bids. 

SEC.  6.  For  the  purpose  of  providing  for  the  payment  of 
the  interest  on  said  bonds  as  the  same  shall  become  due,  the 
sum  of  thirty  thousand  dollars,  or  so  much  thereof  as  may  be 
necessary,  is  hereby  appropriated  accordingly. 

SEC.  7.  At  the  expiration  of  ten  years  after  the  issuance 
of  said  bonds,  there  shall  be  set  apart,  and  the  same  is  hereby 
appropriated,  the  sum  of  sixty  thousand  dollars,  as  a  sinking 
fund  to  pay  the  principal  of  said  bonds,  as  the  same  shall  fall 
due  or  be  called,  as  provided  by  section  8  of  this  ordinance; 
Provided,  that  nothing  herein  shall  be  construed  to  prohibit 
the  city  council  from  making  any  other  provision  for  redemp- 
tion of  any  or  all  of  said  bonds  after  the  expiration  of  ten 
years. 

SEC.  8.  Whenever,  after  the  expiration  of  ten  years  from 
the  issuance  of  said  bonds,  there  is  available,  as  provided  in  the 
preceding  section  or  otherwise,  the  sum  of  sixty  thousand  dol- 
lars or  more,  it  shall  be  the  duty  of  the  city  treasurer  to  publish 
a  notice,  stating  the  number  of  bonds  to  be  redeemed,  com- 
mencing with  the  highest  number  then  outstanding,  and  the 
date  when  they  will  •  be  paid.  And  if  such  bonds,  so  numbered 


BONDS    OF    CITY    OFFICIALS.  157 

in  said  notice,  shall  not  be  presented  for  payment  or  cancella- 
tion at  the  date  mentioned  in  the  publication,  then  sach  fund 
shall  remain  in  the  treasury  to  discharge  such  bonds  whenever 
presented;  but  such  call  bonds  shall  draw  no  interest  after  the 
date  specified  in  such  notice. 

SEC.  9.  This  ordinance  to  take  effect  from  and  after  its 
passage. 

[Passed  and  approved  May  13,  1892.] 


CHAPTER-  VIII. 


BONDS    OF    CITY    OFFICIALS. 


Amount  of  Official  Bonds. 

SECTION  1.  The  several  officers  hereinafter  named  shall 
give  bonds  to  the  city  with  two  or  more  good  and  sufficient 
sureties  and  in  penal  sums  as  follows,  namely  : 

Assessor  and  collector,  $50,000. 

Assessor  and  collector  of  water  rates,  $5,000. 

Attorney,  $5,000. 

Auditor  of  public  accounts,  $10,000. 

Board  of  public  works,  each  member  $5,000,  the  chairman 
$15,000. 

Chief  of  police,  $5,000. 

Chief  of  the  fire  department,  $5,000. 

City  physician,  $2,000. 

Councilman,  $500. 

Engineer,  $5,000. 


158  BONDS   OF   CITY   OFFICIALS. 

Health  commissioner,  $5,000. 
Inspector  of  buildings,  $2,000. 
Deputy  inspector  of  buildings,  $2,000. 
Inspector"  of  provisions,  $1,000. 
Jailer,  $1,000. 
Marshal,  $5,000. 
Mayor,  $5,000. 
Police  justice,  $2,500. 
Poundkeeper,  $500. 
Eecorder,  $5,000. 
Sanitary  inspector,  $3,000. 
Sealer  of  weights  and  measures,  $1,500. 
Sexton,  $2,000. 

Superintendent  of  sewers,  $5,000. 
Superintendent  of  waterworks,  $5,000. 
Supervisor  of  streets,  $5,000.   . 
Treasurer,  $200,000. 
Deputy  treasurer,  $10,000. 
Watermaster,  $5,000. 
Chief  weighmaster,  $500. 
City  weighmasters,  $1,000. 

[February  14,  1888;  February  4,  1890;  April  1,  1890;  May 
29,  1890;  October  21,  1890.] 

Attorney  to  Approve  Form— Conditions— Sureties. 

SEC.  2.  Each  of  said  bonds  shall  be  in  such  form  as  the 
city  attorney  shall  approve,  and  shall  be  cond  itioned  for  the 
faithful  performance  of  the  duties  of  the  office  which  is  to 
be  filled  by  the  party  giving  it. 

The  bond  of  the  treasurer  shall  be  conditioned  further  for 
the  safe  custody  of  the  money  and  other  property  intrusted  to 
him  and  to  the  officers  appointed  by  him. 

The  bond  of  the  city  auditor  shall  be  conditioned  further 
for  the  delivery  to  his  successor  of  all  the  books,  accounts, 
papers  and  other  documents  and  property  which  belong  to  his 
office. 

In  the  bond  of  any  officer  whose  duty  requires  him  to  make 
contracts,  purchases  or  sales  in  behalf  of  the  city,  there  shall  be 
a  condition,  in  substance,  that  he  will  not,  directly  or  indirectly,. 


BONDS   OF   CITY   OFFICIALS.  159' 

for  himself  or  for  others,  or  by  others  in  trust  for  him  or  on  his- 
account,  have  any  interest  or  concern  in  any  contract,  agree- 
ment, purchase  or  sale  made  by  him  in  behalf  of  the  city. 

The  sureties  on  all  said  bonds,  except  those  of  the  treasurer, 
shall  be  jointly  and  severally  liable  for  the  whole  penalty  of  the 
bond;  but  the  liability  of  the  sureties  on  the  bond  of  the  treas- 
urer may  be  limited  to  a  several  liability  for  a  portion  only  of 
the  full  penal  sums  named  therein. 

[February  14,  1888.] 

Approval  of  Bonds. 

SEC.  3.  Each  of  said  bonds  and  the  sureties  thereon  shall 
be  approved  by  the  mayor,  and  the  bonds  of  the  mayor  and 
treasurer  shall  also  be  approved  by  the  city  council.  Each  of 
said  bonds  shall  be  executed,  approved  and  delivered  before  the 
officer  giving  it  enters  upon  the  duties  of  his  office. 

[February  14,  1888.] 

\ «'\v  Bonds. 

SEC.  4.  In  case  of  the  death  or  insolvency  of  a  surety  on1 
any  of  said  bonds,  the  officer  who  has  given  the  bond  shall  im- 
mediately give  a  new  one,  as  hereinbefore  provided;  and  if  he 
fails  to  give  such  new  bond  within  a  reasonable  time  after  notice 
so  to  do  by  the  officer  having  the  legal  charge  of  such  bond, 
such  failure  shall  be  a  sufficient  cause  for  his  removal  from 
office. 

[February  14,  1888.] 

Custody  of  Bonds. 

SEC.  5.  The  treasurer  shall  have  the  custody  of  the  bond 
of  the  auditor,  but  all  the  other  bonds  before  mentioned  shall 
be  kept  in  the  custody  of  the  auditor. 

[February  14,  1888.] 

Auditor  to  Provide  Blanks. 

SEC.  6.     The  auditor  shall  provide,  from  time  to  time,  suit- 
able blanks  for  the  aforesaid  bonds,  and  shall,  when  requested,  ' 
furnish  such  blanks,  free  of  charge,  to  any  officer  who  may  re- 
quire them. 

[February  14,  1888.] 


160  BONDS   OF   CITY   OFFICIALS. 

Connty  Collector. 

SEC.  7.  The  county  collector,  in  1893  and  in  each  year 
thereafter,  before  the  time  appointed  for  receiving  or  collecting 
the  taxes  of  the  year,  shall  give  to  the  city  a  bondlin  such  sum 
as  the  city  council  may  require,  but  not  exceeding  double  the 
amount  of  the  city  taxes  for  the  year,  with  at  least  two  sureties, 
•conditioned  for  the  faithful  performance  of  his  duties  as  col- 
lector of  the  city  tax,  and  the  bond  and  sureties  shall  be  subject 
io  the  approval  of  the  mayor  or  city  council  of  the  city. 


BUILDINGS.  161 


CHAPTER  IX. 


BUILDINGS. 

Duty  of  Inspector  of  Buildings. 

SECTION  1.  It  shall  be  the  duty  of  the  inspector  of  build- 
ings, when  called  upon,  to  examine  all  public  or  private  build- 
ings, bridges,  dams,  locks,  gates,  reservoirs,  aqueducts  or  other 
public  works,  and  certify  to  the  strength,  safety,  workmanship 
and  general  condition  of  the  same.  He  shall  also,  when  re- 
quested, inspect  all  building  material  which  may  be  offered  for 
sale,  measure  all  buildings,  building  material,  mason  and  other 
mechanical  work,  and,  when  required,  certify  to  the  measure- 
ment, either  of  which  certificates  shall  be  evidence  of  the  things, 
therein  certified. 

[May  17,  1860;  May  28,  1878;  September  2, 1890.] 

Chimneys— Public  Buildings. 

SEC.  2.  Said  inspector  shall  require  the  removal  or  pre- 
vent the  construction  of  any  fire-place,  chimney,  hearth,  stove- 
or  pipe  in  any  building  which  may  seem  to  endanger  life  or 
property,  and  shall  see  that  all  ordinances  in  relation  to  the 
strength  and  safety  of  public  buildings  are  carried  into  effect. 

[May  28,  1878;  February  14,  1888;  September  2,  1890.] 

Examine  Buildings— Record— Grant  Permits — Report. 

SEC.  3.  The  inspector  of  buildings  shall  examine  all 
buildings  in  course  of  construction  or  alteration  in  the  city  of 
Salt  Lake  as  often  as  practicable,  and  shall  make  a  record  of 
the  same  upon  the  city  register  of  buildings,  and  shall  grant 
permits  for  any  proposed  construction  or  alteration  when  in 

conformity  with  the  requirements  of  this  ordinance,  and  shall 
1 1 


162  BUILDINGS. 


report  quarterly,  or  oftener  if  required,  to  the  city  council. 
[September  2,  1890.] 

To  Abate  Dangers  from  Fire. 

SEC.  4.  It  shall  be  the  duty  of  the  inspector  of  buildings 
to  examine  carefully,  under  the  direction  of  the  city  council, 
;any  cause  from  which  immediate  danger  of  fire  may  be  appre- 
hended, and  remove  or  abate,  with  the  consent  of  the  mayor  or 
:any  councilman  (in  case  of  neglect  or  refusal  of  the  owner  or 
occupant),  any  cause  from  which  danger  may  be  apprehended, 
and  to  cause  all  buildings,  chimneys,  stoves,  pipes,  hearths, 
ovens,  boilers,  ash-houses,  and  other  apparatus  used  in  any 
building,  which  shall  be  found  in  such  condition  as  to  be  con- 
sidered unsafe,  to  be,  without  delay,  at  the  expense  of  the  owner 
or  the  occupant  thereof,  put  in  such  condition  as  not  to  be  dan- 
gerous in  causing  or  promoting  fires. 

[February  14,  1888;  September  2,  1890.] 

Penalty  for  Obstruction. 

SEC.  5.  If  any  person  shall  obstruct  or  hinder  any  person 
under  the  direction  of  the  inspector  of  buildings,  as  aforesaid, 
in  the  performance  of  his  duty  under  the  preceding  section, 
such  person,  for  every  such  offense,  shall,  upon  conviction,  be 
liable  to  a  fine  of  not  to  exceed  twenty-five  dollars. 

[February  14,  1888;  September  2,  1890.] 

Special  Cases. 

SEC.  6.  The  inspector  shall  have  power  to  pass  upon  any 
question  relative  to  the  mode,  manner  of  construction  or  mate- 
rials used  in  the  erection,  alteration  or  repair  of  any  building  in 
the  city  when  the  same  is  not  hereafter  provided  for  herein,  to 
make  the  same  conform  to  the  true  intent,  meaning  and  spirit 
of  the  several  provisions  hereof,  where  the  same  do  not  conflict, 
in  order  that  substantial  justice  may  be  done.  The  above  is  to 
meet  the  requirements  of  special  cases. 

[February,  14,  1888  ;  September  2,  1890.] 

Dangerous  Buildings. 

SEC.  7.  When  any  building  or  part  thereof  in  the  city  shall 
become  dangerous  to  life  or  limb  of  persons  residing  therein, 


BUILDINGS.  163 


or  in  adjacent  buildings,  or  passing  in  the  vicinity,  or  property 
in  the  vicinity,  or  if  from  cause  apparent  it  will  so  become  dan- 
gerous, the  inspector  of  buildings,  the  chief  of  the  fire  depart- 
ment and  the  committee  on  fire  department  shall  proceed  to 
make  an  examination  of  said  building ;  and  if  they  shall  find  the 
buildings  to  be  dangerous,  as  aforesaid,  the  inspector  shall  im- 
mediately notify  the  owner  or  agent  of  such  building  or  struc- 
ture to  have  the  same  removed,  repaired  or  secured  within 
twenty-four  hours  thereafter;  and  if  the  owner  or  agent  fails  to 
do  so,  it  shall  be  the  duty  of  said  inspector  to  demolish  or  secure 
the  same  so  as  to  insure  safety,  and  he  may  call  upon  the  police 
or  fire  department  or  both  for  assistance,  or  may  employ  labor 
or  purchase  material  needed,  and  the  expense  thereof  shall  be 
collected  from  such  owner  ;  and  any  owner  or  agent  who  shall 
fail  to  comply  with  the  requirements  of  such  notice  shall,  upon 
conviction  thereof,  be  fined  not  more  than  one  hundred  dollars. 
[February  14,  1888  ;  September  2,  1890.] 

Permits  -Necessary  Repairs. 

SEC.  8.  No  work,  except  necessary  repairs,  shall  be  done 
upon  any  building  in  the  city  of  Salt  Lake  without  a  permit 
from  the  inspector  of  buildings,  nor  except  in  conformity  with 
the  provisions  of  this  ordinance. 

[September  2,  1890.] 

Plans  to  Be  Submitted  and  Approved. 

SEC.  9.  Before  the  erection,  construction  or  alteration  of 
any  building  or  part  of  any  building  in  the  city  of  Salt  Lake  is 
commenced,  the  owner,  his  agent  or  architect,  shall  submit  to 
the  inspector  of  buildings,  at  his  office,  a  detailed  statement  in 
writing,  or,  when  plans  are  made,  a  full  set  of  the  plans  of  such 
proposed  work,  together  with  the  full  name  and  residence,  street 
and  number  of  the  owner  of  said  building.  Said  detailed  state- 
ment or  plans  shall  be  kept  on  file  in  the  office  of  the  inspector 
of  buildings  until  the  proposed  work  is  completed.  And  the 
erection,  construction  or  alteration  of  said  building  or  any  part 
thereof  shall  not  be  commenced  or  proceeded  with  until  such 
statements  or  plans  be  approved  by  the  inspector  of  buildings. 
Nothing  in  this  section  shall  be  construed  to  prevent  the  inspec- 


164  BUILDINGS. 


tor  of  buildings  from  granting  his  approval  for  the  erection  of 
any  part  of  a  building,  when  plans  and  detailed  statements  have 
been  presented  for  the  same  before  the  entire  plans  and  the  de- 
tailed statements  have  been  submitted,  but  no  contracts  for  the 
erection  of  any  building  or  part  of  a  building  shall  be  let  until 
the  plans  shall  have  been  approved  by  the  inspector  of  build- 
ings. 

[September  2,  1890.] 

Alteration  in  Plans. 

SEC.  10.  After  a  permit  has  been  granted  for  any  building, 
the  plans  shall  not  be  altered  or  changed  without  giving  notice 
of  such  alteration  or  change  and  securing  a  permit  therefor 
from  the  inspector. 

[September  2,  1890.] 

Power  to  Prohibit  Construction. 

SEC.  11.  The  inspector  of  buildings  shall  have  the  power 
to  stop  the  construction  of  any  building,  or  the  making  of  alter- 
ations or  repairs  on  any  building,  where  the  same  is  being  done 
in  violation  of  the  provisions  of  this  ordinance,  and  any  owner, 
architect  or  builder  or  others  who  may  be  employed,  who  shall 
assist  in  violation  or  non-compliance  with  the  provisions  of  this 
ordinance,  shall  be  subject  to  a  fine  for  every  such  violation  or 
non-compliance,  of  not  less  than  ten  nor  more  than  one  hundred 
dollars. 

[September  2,  1890.] 

Ordinary  Repairs. 

SEC.  12.  Ordinary  repairs  may  be  made  without  notice  to 
the  inspector,  but  such  repairs  shall  not  be  construed  to  include 
the  cutting  away  of  any  stone  or  brick  wall,  or  any  portion 
thereof,  or  the  removal  of  or  cutting  of  any  beams,  or  the 
removal,  change  or  closing  of  any  staircase. 

[September  2,  1890.] 
Fees. 

SEC.  13.  If,  upon  consideration  of  such  detailed  statements 
or  plans,  it  shall  appear  to  the  inspector  of  buildings  that  the 


BUILDINGS.  165 


manner  of  erection,  character  of  construction  and  kind  of  mate- 
rial are  in  accordance  with  this  ordinance,  the  said  inspector 
shall  thereupon  grant  a  permit  to  make  such  construction  or 
alteration,  upon  the  payment  of  the  following  fees:  In  case  the 
estimated  cost  of  any  building,  addition  or  alteration  shall  not 
exceed  the  sum  of  one  thousand  dollars,  the  fee  thereof  shall  be 
one  dollar  for  such  permit,  and  for  each  additional  one  thousand 
dollars  up  to  ten  thousand  dollars,  fifty  cents  per  thousand; 
above  ten  thousand  dollars  to  twenty  thousand  dollars,  forty 
cents  per  thousand;  for  each  additional  one  thousand  dollars 
above  twenty  thousand  dollars  to  forty  thousand  dollars,  thirty 
cents  per  thousand;  for  each  additional  one  thousand  dollars 
above  forty  thousand  dollars,  twenty  cents  per  thousand;  and 
for  all  other  services  than  those  specified,  he  shall  receive  not  to 
exceed  one  dollar  per  hour. 

[May  28,  1878;  September  2,  1890.] 

Depnty  Inspectors— Bond. 

SEC.  14.  The  inspector  shall  have  power  to  appoint  one  or 
more  deputies,  who  shall,  before  entering  upon  their  duties* 
qualify  and  give  the  same  bond  provided  to  be  given  by  the 
inspector. 

[May  28,  1878;  September  2, 1890.] 

Kind  of  Buildings  Allowed  in  Fire   Limit*. 

SEC.  15.  Every  building  hereafter  erected  within  the  fire 
limits  of  this  city  shall  be  of  brick,  stone,  iron  or  other  sub- 
stantial and  incombustible  material,  and  only  the  following 
wooden  buildings  shall  be  allowed,  viz. :  Sheds  to  facilitate  the 
erection  of  authorized  buildings;  coal  sheds  not  exceeding  ten 
feet  in  height  and  not  to  exceed  a  hundred  feet  in  area;  and 
privies  not  to  exceed  thirty-six  feet  in  area  and  ten  feet  in 
height;  and  all  such  sheds  and  privies  shall  be  separate  struc- 
tures. 

[September  2,  1890.] 

Wooden  Buildings  Hay  Be  Repaired. 

SEC.  16.  Any  wooden  building  already  within  said  fire 
limits  may  be  altered  or  repaired  in  any  manner  approved  by 


166  BUILDINGS. 


the  inspector  of  buildings;  Provided,  that  neither  its  area  nor 
height  be  increased. 

[September  2,  1890.] 

Root*  of  Frame  Building  Damaged  by  Fire. 

SEC.  17.  The  roof  of  any  frame  building  within  the  |ire 
limits,  more  than  one  story  in  height,  that  is  damaged  by  fire 
less  than  fifty  per  cent,  of  its  cost,  may  be  repaired.  If  the  roof 
is  damaged  more  than  half  its  value,  the  entire  roof  shall  be 
taken  off  and  replaced  with  a  new  roof  of  some  incombustible 
material,  and  in  no  case  shall  the  highest  point  of  the  new  roof 
exceed  that  of  the  old. 

[September  2,  1890.] 

Damaged  Frame  Buildings— Arbitrators— Moving. 

SEC.  18.  It  shall  be  unlawful  to  repair  any  frame  building 
within  the  fire  limits  of  the  city  of  Salt  Lake  when  such  build- 
ing shall  have  been  damaged  by  fire,  the  elements  or  decay  to 
the  extent  of  fifty  (50)  per  cent,  of  its  original  value. 

The  decision  of  the  inspector  of  buildings  shall  be  conclu- 
sive as  to  the  amount  of  damages  to  any  building  unless  the 
owner  of  such  building  objects  to  such  decision  and  files  with 
the  inspector  of  buildings  a  petition  asking  for  the  appointment 
of  arbitrators  to  determine  the  question  of  damages.  Such  arbi- 
trators shall  consist  of  three  disinterested  persons  :  One  to  be 
chosen  by  the  inspector  of  buildings,  one  by  the  party  filing  the 
petition  and  the  third  by  the  two  thus  chosen,  who  shall  be 
duly  sworn  to  make  a  thorough  examination  of  the  damaged 
premises. 

The  decision  of  a  majority  of  such  arbitrators  filed  with 
the  inspector  of  buildings  shall  be  final  and  conclusive. 

The  party  asking  for  arbitration  shall,  on  filing  his  petition, 
pay  thirty  (30)  dollars  to  the  inspector  of  buildings,  which  shall 
be  paid  to  the  arbitrators  in  full  of  all  cost  of  arbitration  and 
compensation  of  arbitrators. 

No  person  or  persons  shall  move  any  frame  building  from 
one  place  to  another  within  the  fire  limits  of  the  city  of  Salt 
Lake. 

[September  2,  1890;  September  15,  1891.] 


BUILDINGS.  167 


Dangerous  Wall  and  Unsafe  Building. 

SEC.  19.  Whenever,  in  the  opinion  of  the  inspector  of 
buildings,  any  wall  or  any  part  of  a  burned  building  is  danger- 
ous, or  when  any  building  shall  be  deemed  unsafe  for  the  pur- 
pose for  which  it  is  used,  or  shall  be  in  danger  of  fire  from  any 
defect  in  its  construction,  ^the  inspector  shall  notify  the  owner 
or  his  agent  in  writing,  specifying  wherein  the  danger  consists, 
or  wherein  the  building  is  unsafe  or  defective.  If  the  owner  or 
his  agent  neglects  or  refuses,  after  the  serving  of  such  notice, 
to  immediately  put  such  building  in  a  safe  condition,  or  to  forth- 
with pull  down  or  secure  such  wall  or  dangerous  parts  of  a 
burned  building,  he  shall  be  subject  to  a  fine  of  not  less  than 
five  nor  more  than  fifty  dollars  for  each  and  every  day  such  vio- 
lation of  this  ordinance  shall  continue. 

[September  2,  1890.] 

Cellar  Excavations— Foundation  Walls— Cenieut. 

SEC.  20.  The  established  depth  of  excavations  for  cellars 
and  basements  shall  be  and  the  same  is  hereby  fixed  at  ten  feet 
below  the  sidewalk  grade  in  front  of  the  same.  Any  person  who 
shall  excavate  below  the  above  established  depth  shall,  at  his 
own  proper  cost  and  charge,  save  and  protect  the  owners  of  ad- 
joining property  from  injury  or  damage  resulting  from  such 
excavation. 

All  foundation  walls  shall  be  of  stone  or  brick,  and  shall  be 
at  least  four  inches  thicker  than  the  wall  next  above  them,  and 
so  proportioned  that  the  pressure  shall  be  equal  on  each  square 
foot  of  such  foundation  wall.  They  shall  be  laid  in  cement  or 
brown  lime  mortar.  No  inferior  lime  or  cement  shall  be  used, 
and  all  joiots  shall  be  well  filled. 

[February  14,  1888  ;  September  2,  1890.] 

Buildings  Without  Basement  Walls. 

SEC.  21.  In  all  buildings  erected  without  basement  walls, 
the  foundation  walls  shall  be  not  less  than  two  feet  below  the 
ground,  and  upon  good  solid  bottom,  and  all  such  walls  shall  be 
constructed  of  stone  or  good  hard  brick  laid  in  cement.  No  soft 


168 


BUILDINGS. 


or  imperfectly  burnt  brick  shall  be  used  for  such  foundations. 
[September  2,  1890.] 

Tables  for  Walls  of  Buildings. 

SEC.  22.  The  walls  of  all  business  buildings,  if  of  brick, 
shall  be  of  the  thickness  (in 'inches)  designated  in  the  follow- 
ing table: 


Inclosing  Walls: 

One  story  high 

Two  stories  high 

Three  stories  high 

Four  stories  high 

Five  stories  high 

Six  stories  high 

Seven  stories  high 

Four  stories  less  than  100  feet .  . 

Five  stories  less  than  100  feet.  , 

Six  stories  less  than  100  feet. . . . 

Seven  stories  less  than  100  feet . 
Division  Walls: 

Three  story  building 

Four  story  building 

Five  story  building 

Six  story  building 

Seven  story  building 

Front  and  Hear  Walls  : 

Four  story  building 

Five  story  building 

Six  story  building 

Seven  story  building 

Partition  Walls: 

One  story  building 

Two  story  building 

Three  story  building 

Four  story  building 

Five  story  building 

Six  story  building 


Basement 

h- 

cc 

rt- 
00 

£ 
3 

2nd  story. 

GO 
hj 

p, 

OD 

$ 

i-! 

<<: 

*- 

c+- 

z? 

00 
? 
3 

~t 
£ 

DD 

<rf 

O 

<-t 
*< 

c: 
<-f- 

tr 

OD 

r-f- 

O 

3 

~j 

ct- 

tf 

00 
ef- 
O 

3 

12 

\-l 

— 

- 





— 



16 

12 

12 

16 

16 

12 

12 

24 

20 

16  16  12 

24 

20201616 

12 

28 

24202016 

16 

16 

28 

24  24  20 

20 

16 

16 

16 

24 

2016il2 

12 

24 

20 

1616 

12 

28 

24 

20!20 

16 

16 

12 

28 

24 

2420 

20 

16 

16 

12 

16 

12 

1212 

20 

16  16  12 

12 

24 

20 

201616 

16 

24 

20 

20;2016 

16 

16 

24 

24 

202020 

16 

16 

16 

20 

16 

1612 

12 

20 

20 

16  16  12 

12 

24 

20 

161616 

1212 

24 

20  20  20  16 

16 

12 

12 

12 

8 

16 

12 

12 

16 

12 

1212 

20 

16 

161212 

20 

20 

16  16  12 

12 

24 

20 

20  16  16 

12 

12 

BUILDINGS. 


169 


The  walls  of  dwellings,  if  of  brick,  shall  be  of  the  thick- 
ness (in  inches)  designated  in  the  following  table: 


U 

M 

to 

ic 
HI 

*- 

rn 

cr 

P. 

cr 

CD. 

OD 

OB 

m 

B 

CD 

d 

0 

e-t- 

0 

cT 
i-j 

§• 

et- 

• 

: 

Walls  of  Dwellings: 

Basement  and  two  stories  ;  

19 

19 

8 

Basement  and  three  stories  

IB 

19 

19 

8 

Division  Walls,  Basement: 

Two  stories  

12 

19 

19 

Three  stories  

12  12 

19 

19 

Four  stories  ,  

16 

12 

12 

12 

12 

[September  2,  1890.] 

When  Walls  Are  to  Be  Increased. 

SEC.  23.  Whenever  it  is  soiight  to  increase  the  height  of 
any  building  beyond  the  height  for  which  the  original  permit  is 
granted,  tfee  thickness  of  the  walls  thereof  shall  be  increased 
in  accordance  with  the  above  tables. 

[September  2,  1890.] 

Height  of  Stories. 

SEC.  24.  The  height  of  stories  for  all  given  thickness  of 
walls  must  not  exceed  eleven  feet  in  the  clear  for  the  basement, 
eighteen  feet  in  the  clear  for  the  first  story,  fifteen  feet  in  the 
•clear  for  the  second  story,  twelve  feet  in  the  clear  for  the  third 
and  fourth  stories,  and  fourteen  feet  in  the  clear  average  height 
for  the  upper  story.  If  any  story  exceeds  these  heights,  the 
walls  of  such  stories  and  all  stories  below  must  be  increased 
four  inches  in  thickness,  in  addition  to  the  thickness  laid  down 
in  the  foregoing  tables.  And  any  front  or  rear  wall  supporting 
beams  or  girders  shall  be  increased  eight  inches  in  thickness 
for  two  feet  in  width,  forming  buttresses  or  pilasters  directly 
under  such  beams  or  girders. 

[September  2,  1890.] 


170  BUILDINGS. 


Heading  or  Binding  Coarse. 

SEC.  25.  Every  seventh  course,  at  least,  of  a  brick  wall 
shall  be  a  heading  or  binding  course,  except  when  the  walls  are 
faced  with  face  brick,  in  which  every  seventh  course  shall  be 
bonded  by  cutting  course  of  faced  brick  and  putting  diagonal 
headers  behind  the  same. 

[September  2,  1890.] 

Walls  for  Trussed   Roofs. 

SEC.  26.  The  outside  walls  of  buildings  having  trussed 
roofs  or  ceilings,  such  as  churches,  public  halls,  theaters  and 
the  like,  if  more  than  fifteen  and  less  than  twenty-five  feet  high 
shall  average  at  least  sixteen  inches  in  thickness;  if  over  twenty- 
five  and  under  forty  feet  high,  at  least  twenty-four  inches  in 
thickness.  An  increase  of  four  inches  in  thickness  shall  be 
made  in  all  cases  where  the  walls  are  over  one  hundred  feet  in 
length,  unless  there  are  cross  walls  of  equal  thickness. 

[September  2,  1890.] 

Buttresses. 

SEC.  27.  If  solid  buttresses  are  employed  with  a  sectional 
area  of  three  hundred  or  more  square  inches,  placed  less  than 
eighteen  inches  apart,  and  extended  to  or  nearly  to  the  top  of 
the  walls,  four  inches  may  be  deducted  from  the  thickness  of 
any  wall  having  such  buttresses. 

[September  2,  1890.] 

Cat  Stone  and  Ashlars. 

SEC.  28.  Cut-stone  facing  of  walls  shall  be  backed  up  with 
brick-work  of  same  thickness  required  when  no  cut  stone  is 
used.  Ashlar  fronts,  properly  bonded  to  the  brick- work,  may 
have  backing  same  as  self-supporting  fronts  or  walls. 

[September  2,  1890.] 

Party  Walls. 

SEC.  29.  Any  party  wall  now  existing,  that  shall  have  been 
built  conformably  to  the  requirements  of  any  law  regulating 
the  construction  of  such  walls,  and  in  force  at  the  time  of  such 


BUILDINGS.  171 


construction,  if  sound  and  in  good  condition,  may  be  used  in 
the  construction  of  an  adjoining  building;  Provided,  however, 
that  no  brick-work  shall  be  placed  on  such  wall  unless  the  thick- 
ness of  said  wall  shall  at  least  equal  the  thickness  required  for 
division  walls  in  the  class  of  buildings  to  which  it  belongs. 
This  shall  apply  in  all  cases  where  it  is  desired  to  add  additional 
height  to  any  building.  In  case  of  outside  walls  of  any  building 
being  built  against  the  walls  of  any  old  biiilding  (not  being  a 
party  wall)  the  new  wall  shall  be  of  the  same  thickness  as 
required  for  outside  walls  of  such  buildings. 
[September  2,  1890.] 

Root*  and    Floor  Timbers. 

SEC.  30.  All  roof  or  floor  timbers  entering  a  party  or 
division  wall  from  opposite  sides  shall  have  at  least  four  inches 
of  solid  brickwork  between  the  ends  of  such  timbers. 

[September  2,  1890.] 

Recess,  Chase  or  Fine. 

SEC.  31.  No  continuous  vertical  recess,  chase  or  flue  shall 
be  made  in  any  party  wall  so  deep  that  it  will  leave  the  thick- 
ness at  the  back  less  than  eight  inches  at  any  point,  and  no 
recess  of  any  kind  shall  be  made  in  any  eight-inch  wall.  No 
horizontal  recess  shall  be  made  in  any  wall  except  by  special 
permit  from  the  inspector,  and  no  continuous  vertical  recess 
other  than  flues  in  stacks  shall  be  nearer  than  seven  feet  to  any 
recess. 

[September  2,  1890.] 

Lintels  and  Arches. 

SEC.  32.  All  lintels  used  to  support  walls  or  other  weights 
over  openings  shall  be  of  sufficient  strength  and  bearing  to 
carry  the  superimposed  weight,  and  iron  beams  or  lintels  when 
supported  at  the  end  by  brick  walls  or  piers,  shall  rest  upon  an 
iron  plate  at  least  two  inches  thick,  the  full  size  of  the  bearing,, 
and  all  arches  not  having  sufficient  piers  or  abutments  to  resist 
the  thrust  of  the  superimposed  load,  shall  have  proper  and 
sufficient  iron  ties. 

[September  2,  1890.] 


172  BUILDINGS. 


Party  Walls  Above  Roof. 

SEC.  33.  Every  party  or  division  wall  shall  be  built 
through  and  at  least  sixteen  inches  above  or  distant  from  the 
roof  boarding  at  every  part  of  the  roof,  and  shall  be  properly 
coped  with  metal. 

[September  2,  1890.] 

Kind  of  IHortar  to  Be  Used. 

SEC.  34.  The  mortar  used  in  the  construction,  alteration  or 
repair  of  any  building,  or  part  thereof,  shall  be  composed  of 
lime  or  cement,  mixed  with  sand  in  the  proper  proportion,  and 
no  lime  and  sand  shall  be  used  within  twelve  hours  after  being 
mixed,  and  no  cement  shall  be  used  after  having  been  mixed 
six  hours.  All  walls  or  parts  thereof  below  the  ground  line 
shall  be  laid  in  brown  lime  or  cement  mortar,  in  the  proportion 
of  at  least  one  of  cement  to  four  of  mortar.  No  inferior  lime 
or  cement  shall  be  used,  and  all  sand  shall  be  clean,  sharp  grit> 
^ree  from  loam  ;  and  all  joints  and  walls  shall  be  well  filled  with 
mortar. 

[February  14,  1888  ;  September  2,  1890.]. 

How  Brick  Flues  to  Be  Bnilt. 

SEC.  35.  All  brick  flues  or  chimneys  shall  be  built  of  hard 
burned  brick,  slushed  and  flush  jointed,  plastered  inside  with 
mortar,  and  plastered  on  the  outside  before  any  woodwork  shall 
be  placed  against  it.  They  shall  be  topped  out  with  brick  or 
stone  at  least  four  feet  above  the  highest  part  of  the  roof  ;  and 
in  no  case  shall  furring  be  placed  against  any  such  flue,  or  shall 
nails  be  driven  in  such  flue  or  chimney. 

[September  2,  1890.] 

Roof  and  Floor  Timbers. 

SEC.  36.     All  timbers  used  in  the  construction  of  all  floors 
;and  roofs  in  all  buildings  shall  be  straight  grained  and  free  from 
unsound  knots  or  weakening  shakes. 
[September  2,  1890.] 

Headers,  Trimmers  and  Tail  Beams. 

SEC.  37.  Every  header  more  than  four  feet  long  used  in 
.any  building  except  a  dwelling  shall  be  hung  in  stirrup-irons 


BUILDINGS.  173- 


and  securely  joint-bolted.     All  trimmers  and  headers  shall  be- 
double,  and  tail  beams  properly  framed  to  headers. 
[September  2,  1890.] 

Timbers  or  Joists  \oi  to  Be  Cut  for  Piping. 

SEC.  38.  No  floor  joists,  headers  or  trimmers  of  any  build- 
ing shall  be  cut  into  more  than  two  inches  in  depth  for  any 
piping  except  by  permission  from  the  inspector,  and  no  cutting 
shall  be  made  in  any  timber  at  a  greater  distance  than  three  feet 
from  its  supports. 

[September  2,  1890.] 

RoMgh  Floor  to  Be  Laid. 

SEC.  39.  All  brick  buildings,  except  dwellings,  more  than 
two  stories  in  height,  shall  have  a  rough  floor  laid  as  soon  as  the 
joists  are  in  position  upon  the  wall. 

[September  2,  1890.] 

How  Cornices  to  Be  Secured. 

SEC.  40.  All  cornices  other  than  brick  in  brick  buildings 
shall  be  secured  to  the  walls  with  iron  anchors  independent  of 
any  woodwork,  the  walls  to  be  carried  out  to  the  boarding  of 
the  roof,  and  when  the  cornices  project  above  the  roof  the  wall 
shall  be  carried  up  to  the  top  of  the  cornice  and  covered  with 
metal. 

[September  2,  1890.] 

Strength  of  Floors. 

SEC  41.  In  all  buildings  the  floors  shall  be  of  sufficient 
strength  to  bear  the  weight  to  be  imposed  upon  them,  exclusive- 
of  the  weight  of  the  materials  used  in  their  construction,  and 
in  all  storehouses  the  weight  that  each  floor  will  safely  sustain 
upon  each  superficial  foot  shall  be  estimated  by  the  owner 
thereof,  and  posted  in  a  conspicuous  place  upon  each  floor 
thereof;  and  the  weight  that  may  be  placed  upon  each  of  the 
floors  of  said  building  shall  be  safely  distributed  thereon.  In 
all  buildings  every  floor  shall  be  of  sufficient  strength  in  alt 
its  parts  to  bear  safely  upon  every  superficial  foot  of  its  surface- 
seventy-five  pounds;  and  if  used 'as  a  place  of  public  assembly,. 


174  BUILDINGS. 


one  hundred  and  twenty  pounds ;  and  if  used  as  a  store,  factory, 
warehouse,  or  for  any  other  manufacturing  or  commercial  pur- 
pose, at  least  one  hundred  and  fifty  pounds;  and  every  floor 
shall  be  of  sufficient  strength  to  bear  safely  the  weights  afore- 
said in  addition  to  the  weight  of  material  of  which  the  floor  is 
composed;  and  every  column,  post  or  other  vertical  support 
shall  be  of  sufficient  strength  to  bear  safely  the  weight  of  the 
portion  of  each  and  every  floor  depending  upon  it  for  support, 
in  addition  to  the  weight  required  as  above,  to  be  supported 
safely  upon  said  portions  of  said  floor.  In  every  building 
already  erected,  or  hereafter  to  be  built,  the  floors  shall  be  of 
sufficient  strength  to  bear  the  weight  required  as  above,  to  be 
supported  safely  upon  said  portions  of  said  floors. 
[February  14,  1888;  September  2,  1890.] 

When  Bnildiiig  Can  Be  Altered. 

SEC.  42.  No  building  shall  be  enlarged,  raised  or  altered, 
or  built  upon  in  such  a  manner  as  to  make  the  whole,  when 
completed,  in  violation  of  any  of  the  provisions  of  this  ordi- 
nance; and  any  building  to  be  enlarged,  raised  or  altered,  shall 
be  first  examined  by  the  inspector  of  buildings,  to  ascertain 
whether  the  proposed  changes  will  leave  the  building  in  a  safe 
condition;  and  no  building  shall  be  so  enlarged,  raised  or  built 
upon  unless  the  inspector  give  a  permit  for  such  changes  after 
.an  examination. 

[February  14,  1888;  September  2, 1890.] 

Hot  Water,  Steam  or  Other  Fnrnaces. 

SEC.  43.  Whenever  hot  water,  steam,  hot  air  or  other 
/furnaces  are  hereafter  placed  in  any  building,  notice  shall  first 
be  given  to  the  inspector  of  buildings,  by  the  owner  of  said 
building,  or  by  the  persons  placing  said  furnace  in  said  build- 
ing, or  by  the  contractor  or  superintendent  of  said  work. 

[February  14,  1888;  September  2,  1890.] 

Construction  of  Fines  and  Chimneys. 

SEC.  44.  All  flues  shall  be  properly  cleaned  and  all  rubbish 
removed,  and  the  flues  left  smooth  on  the  inside  upon  the  com- 
pletion of  the  building.  No 'chimney  shall  be  started  or  built 


BUILDINGS.  175 


upon  any  floor  or  beam,  and  in  no  case  shall  a  chimney  project 
more  than  twelve  inches  from  the  wall.  All  chimneys  which  are 
corbelled  out  from  the  wall  shall  be  supported  by  at  least  five 
courses  of  brick,  but  if  supported  by  piers,  the  piers  shall  start 
from  the  foundation  on  the  same  line  with  the  chimney  breast. 
All  hearths  shall  be  supported  by  arches  of  stone  or  brick,  and 
no  chimney  shall  be  cut  off  below  in  whole  or  in  part,  and  sup- 
ported by  wood,  but  shall  be  supported  wholly  by  stone,  brick 
or  iron,  in  any  two-story  building;  and  all  chimneys,  in  any  part 
of  the  city,  which  shall  be  dangerous  in  any  manner  what- 
soever, shall  be  repaired  and  made  safe,  or  taken  down,  and  the 
flues  of  all  furnaces  and  boilers  shall  be  constructed  in  such 
manner  as  shall  prevent  any  danger  from  heat  or  fire. 
[February  14,  1888  ;  September  2,  1890. J 

Egress  From  Public  Buildings—Fire  Escapes. 

SEC.  45.  Any  person,  firm  or  corporation  owning  or  hav- 
ing the  control  or  management  of  any  theatre,  church,  hotel, 
school-house  or  other  public  building  resorted  to  or  occupied  by 
a  considerable  number  of  persons,  must  provide  the  same,  under 
the  direction  of  the  inspector  of  buildings,  with  sufficient  and 
safe  means  of  speedy  escape  in  case  of  accidents  or  fire.  In  all 
cases  the  doors  of  such  buildings,  when  used  for  public  passage, 
shall  open  outwardly,  and  the  doorway  sand  passages  shall  be  so 
constructed  as  to  allow  twenty-four  inches  width  for  every  hun- 
dred people  such  building  is  capable  of  seating.  All  aisles  and 
passages  in  buildings  used  for  public  assemblages  shall  be  kept 
free  from  chairs,  stools,  sofas,  benches  and  other  obstructions 
during  any  performance,  service,  exhibition,  concert,  lecture  or 
any  public  assemblage. 

All  buildings,  except  such  as  are  used  as  private  residences 
exclusively,  of  three  or  more  stories  in  height,  shall  be  provided 
with  one  or  more  metallic  ladders  or  metallic  fire  escapes,  and 
stand-pipes  extending  from  the  first  story  to  the  upper  stories 
of  sush  buildings,  and  above  the  roof  .and  on  the  outer  walls 
thereof,  in  such  location  and  numbers  and  of  such  material  and 
construction  as  the  inspector  of  buildings  and  the  chief  of  the 
fire  department  may  determine;  Provided,  however,  that  all 
buildings  more  than  two  stories  in  height  used  for  manufactur- 


176  BUILDINGS. 


ing  purposes  shall  have  one  metallic  ladder  for  every  twenty- 
five  persons  or  less  employed  above  the  second  story,  and  all 
such  fire  escapes  shall  be  kept  in  good  repair,  and  it  shall  be 
unlawful  for  any  person,  at  any  time  or  in  any  manner,  to  place, 
or  cause  to  be  placed,  any  obstructions  of  any  kind  to  the  free 
and  proper  use  thereof. 

Such  buildings  shall  be  open  at  all  times  for  examination 
by  the  inspector  of  buildings  or  any  policeman. 

[February  14  1888;  May  6,  1890;  September  2,  1890.] 

Stovepipe  Through  Roof  Forbidden. 

SEC.  46.  The  owners  of  all  buildings,  within  the  limits  of 
this  city,  wherein  fire  is  kept,  are  hereby  required  to  build  flues 
or  chimneys  of  brick  or  adobe  in  said  buildings;  and  it  shall  be 
unlawful  to  project  any  stovepipe  through  the  roof  or  out  of 
the  side  of  any  building. 

[November  30,  1875;  September  2,  1890.] 

Penalty  for  Violation. 

SEC.  47.  Any  person,  within  the  limits  of  this  city,  laying 
timbers,  wood  or  lumber  into  any  flue  or  chimney  where  the  fire 
passes,  or  laying  joist  timbers  or  lumber  into  any  fire-place  or 
under  the  hearth-stone,  and  any  person  violating  any  of  the 
provisions  of  the  preceding  section,  shall  be  liable  to  a  fine  not 
to  exceed  one  hundred  dollars,  and  a  further  sum  of  five  dollars 
for  every  day  that  such  joist  timbers,  wood  or  lumber  or  stove- 
pipe are  permitted  to  remain  after  having  been  notified  to  re- 
move the  same. 

[November  30, 1875;  February  14, 1888;  September  2, 1890.] 

Metal  and  Wooden  Columns. 

SEC.  48.  Every  metal  column  in  a  brick  building  shall  rest 
on  an  iron  plate  of  not  less  than  two  inches  in  thickness. 
Wooden  columns  supporting  girders  and  floors  shall  set  on  one 
and  one-half  inch  iron  plates  with  sockets  or  counter  sinkings. 

[September  2,  1890.] 

Bearing  Parts  of  Columns. 

SEC.  49.  Metal  columns  placed  one  on  top  of  the  other 
shall  have  projections  to  fit  into  each  other  to  prevent  them 


BUILDINGS.  177 


from  slipping,  and  all  columns  shall  have  holes  bored  at  right 
angles  to  the  shaft  when  directed  by  the  inspector,  so  as  to  show 
the  thickness  of  the  shell.     All  bearing  parts  of  columns  shall 
be  placed  or  turned  to  a  true  bearing. 
[September  2,  1890.] 

Imperfectly  Burnetl  Brick. 

SEC.  50.  It  shall  be  unlawful  to  use  in  any  building  any 
soft,  shelly  or  imperfectly  burned  brick  or  other  unsuitable 
material,  and  the  inspector  of  buildings  shall  have  the  power  to 
order  the  removal  of  any  such  material  found  upon  or  adjoining 
to  any  premises  where  building  alterations  or  repairs  are  in 
progress  And  it  shall  be  the  duty  of  any  owner,  architect  or 
builder,  when  notified  by  the  inspector,  to  immediately  remove 
the  same. 

[September  2,  1890.] 

Chimneys  in  One  Story  Cottages. 

SEC.  51.  Any  chimney  not  forming  a  part  of  a  wall  shall 
rest  on  the  ground  with  the  proper  foundation,  and  in  no  case 
shall  any  chimney  rest  or  be  supported  by  frame-work,  except  in 
one  story  cottages. 

[September  2,  1890.] 

How  Stoves  Shall  Be  Set. 

SEC.  52.  No  stove  or  other  fire  apparatus  in  which  fire  is 
to  be  kept  shall  be  set  nearer  than  eight  inches  to  the  floor,  ex- 
cept such  as  have  no  fire-place  on  the  lower  plate ;  such  can  be 
set  within  four  inches  of  the  floor  on  which  they  stand;  and  the 
top  and  the  side  plates  thereof  shall  not  be  set  nearer  than 
twelve  inches  to  any  wood  partition,  or  other  wood- work,  with- 
out protecting  the  same  effectually  from  fire,  by  a  metallic  or 
other  covering. 

[February  14,  1888;  September  2,  1890.] 

Factory  Chimneys— Spark  Arrester. 

SEC.  53.  It  shall  not  be  lawful,  within  the  limits  of  said 
city,  for  the  owner,  occupant  or  other  person  having  the  control 

of  any  steam   saw-mill    or    planing-mill,    or  factory    of     any 
12 


178  BUILDINGS. 


kind,  or  foundry,  machine  shop  or  other  establishment,  to 
erect  any  smokestack  or  chimney  in  connection  therewith  of 
less  height  than  ten  feet  above  the  highest  building  within  a 
radius  of  100  feet;  he  shall  securely  brace  or  stay  the  same,  and 
shall  have  on  said  stack  or  chimney  a  bonnet  or  spark  arrester, 
all  to  be  done  to  the  acceptance  of  the  inspector  of  buildings. 
[November  30, 1875;  February  14, 1888;  September  2, 1890.] 

Forge  and  Furnace  Chimneys. 

SEC.  54.  All  forge  and  furnace  chimneys  or  flues  shall  be 
raised  at  least  four  feet  above  the  roof,  by  or  through  which 
they  pass;  and  shall  have  a  deadening  flue,  or  fire  spark  arrester 
of  woven  wire  placed  on  the  top  or  within  such  chimney  or  flue. 

[February  14,  1888;  September  2,  1890.] 

Penalty  for  Violating  Provisions  of  this  Chapter. 

SEC  .  55.  Any  person  violating  any  of  the  provisions  of  this 
chapter,  for  which  no  other  penalty  is  prescribed,  shall,  on  con- 
viction thereof,  be  punished  by  a  fine  in  any  sum  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

[September  2,  1890.] 


CITY   COUNCIL   MEETINGS.  179" 


CHAPTER  X. 


CITY  COUNCIL  MEETINGS. 

Time  of  Meeting— Holidays— Adjourned  Meetings. 

SECTION  1.  The  stated  meetings  of  the  city  council  shall" 
be  held  on  Tuesday  of  each  week;  Provided,  that  when  any 
general  holiday  occurs  on  Tuesday  the  meeting  shall  be  held  on 
Wednesday  next  following.  All  meetings  may  be  adjourned 
from  time  to  time  as  business  may  require. 

[February  14,  1888.] 

Special  Meetings. 

SEC  .  2.  The  mayor  or  the  president  of  the  city  council' 
may  call  special  meetings  of  the  city  council  as  occasion  may  re- 
quire. 

[February  14,  1888.] 


180  CITY   CREEK   CANON. 


CHAPTER  XL 


CITY    CEEEK    CANON. 

Unlawful   to   Catch    Fish   or   Shoot   Birds. 

SECTION  L  It  shall  be  unlawful  for  any  person  to  catch 
any  fish  in  City  Creek,  or  to  shoot  or  otherwise  destroy  any  bird 
or  other  game  in  City  Creek  Canon,  within  the  limits  of  Salt 
Lake  City. 

Any  person  violating  the  provisions  of  this  section  shall  be 
•deemed  guilty  of  a  misdemeanor,  and  on  conviction  thereof 
shall  be  fined  in  any  sum  not  exceeding  fifty  dollars. 

[August  5,  1890.] 

Prohibiting  Destruction  of  Trees. 

SEC.  2.  Any  person  who  shall  cut  down,  injure,  carry  off, 
or  remove  in  any  manner,  any  wood  or  underwood,  tree  or  tim- 
ber, or  branches  of  trees  or  shrubbery  in  City  Creek  Canon 
within  the  limits  of  Salt  Lake  City,  shall  be  deemed  guilty  of  a 
misdemeanor,  and,  on  conviction  thereof,  be  fined  in  any  sum 
not  to  exceed  one  hundred  dollars  for  the  first  offense,  and  for 
any  subsequent  offense  may  be  fined  in  any  sum  not  exceeding 
one  hundred  dollars  or  be  imprisoned  in  the  city  jail  for  a  period 
not  to  exceed  one  hundred  days,  or  by  both  such  fine  and  im- 
prisonment. 

The  provisions  of  this  section  shall  not  apply  to  any  person 
who  is  empowered  or  authorized  by  the  city  council  of  Salt  Lake 
City  to  improve  City  Creek  Canon  within  the  limits  of  Salt 
Lake  City,  or  remove  any  timber  for  the  uses  of  said  city. 

[June  2,  1891.] 

Prohibiting  Camping  and  Befonling  Water. 

SEC.  3.  It  shall  be  unlawful  for  any  person  to  camp  on  any 
of  the  lands  owned  by  Salt  Lake  City  in  City  Creek  Canon,  and 


DOGS.  181 

it  shall  also  be  unlawful  for  any  person,  by  camping  on  any 
lands  in  said  canon,  or  otherwise,  to  in  any  way  pollute  or  befoul 
the  water  of  said  creek,  or  to  commit  any  act  that  will  result  in 
the  fouling  of  said  waters.  Every  person  violating  any  of  the 
provisions  of  this  section  shall  be  liable,  on  conviction,  to  a  fine 
of  one  hundred  dollars  for  each  offense. 
[February  11,  1890.] 


CHAPTER  XII. 


DOGS. 

To  Be  Registered— Annual  Tax— Penalty. 

SECTION  1.  It  shall  not  be  lawful  for  any  person  to  own 
or  keep  a  dog  within  the  limits  of  this  city  without  making 
application  to  the  city  recorder  for  that  purpose,  and  shall  pay 
to  said  recorder,  for  the  benefit  of  the  city,  an  annual  tax  of 
three  dollars  for  a  female  dog  and  two  dollars  for  a  male  dog. 
The  recorder  shall  register  the  applicant's  name  and  a  descrip- 
tion of  the  dog,  and  give  to  said  applicant  a  certificate  of  regis- 
try. Any  person  violating  this  section  shall  be  liable  to  a  fine 
in  any  sum  not  less  than  three  nor  more  than  ten  dollars  for 
each  offense. 

[March  8,  1867.] 

Collars  and  Numbers. 

SEC.  2.  All  dogs  so  registered  shall  wear  a  suitable  collar 
with  a  metallic  plate  or  check  attached  thereto,  having  a  num- 
ber corresponding  with  the  certificate  of  registry  inscribed 


182  DOGS. 

thereon,  and  all  dogs  not  registered  and  collared  as  aforesaid 
shall  be  liable  to  be  impounded  the  same  as  unregistered  dogs. 
[March  8,  1867;  July  5,  1892.] 

Impounding  Dogs — Redemption— Fees. 

SEC  3.  It  shall  be  the  duty  of  the  city  recorder,  at  his 
own  expense,  to  take  up  and  impound  any  dog  found  running  at 
large  in  Salt  Lake  City,  not  having  a  collar  around  its  neck 
with  a  metallic  plate  or  check  as  aforesaid  attached  thereto; 
and  if  said  dog  shall  not  be  redeemed,  as  hereinafter  provided, 
within  five  days  after  such  dog  shall  have  been  impounded,  it 
shall  be  the  duty  of  the  city  recorder  to  slay,  or  cause  the  same 
to  be  slain,  and  he  shall  be  paid  therefor  out  of  the  city  treasury 
the  sum  of  fifty  cents  for  each  dog  so  slain.  But  it  is  hereby  pro- 
vided that  any  dog  so  impoimded  may  be  redeemed  or  taken  from 
such  pound  upon  exhibiting  to  said  city  recorder  a  certificate  of 
registry,  as  provided  in  section  1  of  this  chapter,  showing  that 
the  license  in  that  section  imposed  has  been  paid  for  such  dog, 
and  the  payment  to  said  city  recorder  of  a  pound  fee  of  one 
dollar  (one-half  of  which  shall  be  paid  to  the  city  treasurer  for 
the  benefit  of  the  city),  and  the  further  sum  of  twenty-five 
cents  for  each  and  every  day  such  dog  shall  have  been  im- 
pounded. 

[July  5,  1892.] 


SEC.  4.  Any  female  dog  running  at  large  while  in  heat 
shall  be  liable  to  be  killed,  and  the  owner  or  possessor  thereof 
shall  be  liable  to  a  fine  in  any  sum  not  exceeding  fifteen  dollars. 

[March  8,  1867.] 

Permitting  in  Place  of  Worship, 

SEC.  5.  Any  owner  or  possessor  of  a  dog  permitting  the 
same  to  enter  or  be  in  any  place  of  worship  during  public 
service,  shall  be  liable  to  a  fine  in  any  sum  not  exceeding  five 
dollars  for  each  offense. 

[April  27,  1860;  March  8,  1867.] 


ELECTIONS.  183 


Dangerous  Dog  at  Large. 

SEC.  6.  If  any  owner  or  possessor  of  a  fierce,  dangerous 
or  mischievous  dog  permits  the  same  to  go  at  large,  he  shall  be 
liable  to  be  fined  in  any  sum  not  exceeding  fifteen  dollars,  and 
the  city  recorder  shall  immediately  cause  said  dog  to  be  killed. 

[March  8,  1867.] 

Penalty  for  Killing  Registered  Dog. 

SEC.  7.  Any  person  who  shall  kill,  or  cause  to  be  killed, 
any  dog  registered  as  herein  provided,  without  the  consent  of 
the  owner  or  possessor  thereof,  or  deprive  a  registered  dog  of 
its  collar,  or  put  a  registered  tag  on  any  dog  not  registered, 
shall  be  liable  to  a  fine  in  any  sum  not  exceeding  twenty-five 
dollars. 

[April  27,  1860;  March  8,  1867.] 


CHAPTER  XIII. 


ELECTIONS. 

Elections— When  Held— Officers  to  Be  Elected. 

SECTION  1.  The  municipal  election  of  said  city  shall  be 
held  on  the  Tuesday  next  after  the  first  Monday  in  November, 
1893,  and  biennially  thereafter,  for  the  election  of  the  following 
officers  for  said  city,  viz:  One  mayor,  one  recorder,  one  treas- 
urer, one  marshal  and  one  police  justice,  elective  at  large,  and 
three  councilmen  from  each  municipal  ward.  The  said  officers 
shall  hold  their  offices  for  two  years,  from  the  first  day  of  Janu- 
ary next  succeeding  their  election,  and  until  their  successors  are 
elected  and  qualified  to  office. 

[February  28, 1860;  November  18,  1879;  February  14, 1888.] 


184  ELECTIONS. 


Qualifications  ot*  Voters  and  Officials. 

SEC.  2.  No  person  shall  be  elected  or  appointed  to  any 
office  of  said  city  unless  lie  is  a  citizen  of  the  United  States  and 
has  been  a  resident  of  said  city  for  one  year  next  preceding 
such  election  or  appointment.  Neither  shall  any  person  be  eli- 
gible to  vote  at  any  election  unless  possessing  the  qualifications 
of  a  voter,  as  prescribed  by  the  laws  of  the  United  States  and 
the  Territory  of  Utah,  and  has  been  a  resident  in  said  city  dur- 
ing the  month  next  preceding  his  registration. 

[November  18,  1879;  November  19,  1889.] 

The  Registry  List. 

SEC.  3.  It  shall  be  the  duty  of  the  registrar  of  voters  of 
said  city,  before  the  first  Monday  in  August,  biennially,  to  apply 
to  the  clerk  of  the  county  court  of  Salt  Lake  County  for  a  certi- 
fied copy  of  the  registry  lists  of  voters,  as  last  returned,  of  all 
the  precincts,  or  parts  thereof,  within  the  corporate  limits  of 
Salt  Lake  City ;  the  proper  fees  for  which  lists  shall  be  ten- 
dered and  paid  out  of  the  city  treasury. 

[November  18,  1879  ;  February  14,  1888.] 

To  Visit  Dwellings— Oath  of  Voter. 

SEC.  4.  Upon  the  receipt  of  said  lists,  and  before  the  third 
Monday  in  December  preceding  any  municipal  election,  the  city 
registrar,  in  person  or  by  deputy,  shall  visit  every  dwelling 
house  in  each  municipal  ward,  and  make  careful  inquiry  if  any 
person,  whose  name  is  on  said  registration  list,  has  died,  or  re- 
moved from  the  ward,  or  is  otherwise  disqualified  as  a  voter, 
and  if  so,  to  erase  the  same  therefrom ;  or  whether  any  quali- 
fied voter  resides  therein,  whose  name  is  not  on  said  registra- 
tion list,  and  if  so,  he  shall  ascertain  upon  what  ground  such 
person  claims  to  be  a  voter,  and  shall  require  any  such  person 
entitled  to  vote  and  desiring  to  be  registered  to  take  an  oath  or 
affirmation  showing  that  he  possesses  all  the  qualifications  of  an 
elector  under  the  laws  of  Utah  Territory  and  the  statutes  of  the 
United  States  applicable  thereto.  Upon  the  reeeipt  of  such 
affidavit,  the  registrar  as  aforesaid  shall  place  the  name  of  such 
voter  upon  the  registry  list  of  the  voters  of  said  municipal  ward. 

[February  14,  1888.] 


ELECTIONS.  18i> 


When  Registrar  to  Be  at  His  Office. 

SEC.  5.  It  shall  also  be  the  duty  of  the  registrar,  in  person 
or  by  deputy,  during  the  week  commencing  the  last  Monday  in 
September  preceding  each  election,  at  his  office,  to  enter  on  his 
registry  list  the  name  of  any  voter  that  may  have  been  omitted, 
on  such  voter  appearing  and  complying  with  the  provision  of 
the  preceding  section  of  this  chapter  required  of  voters  for 
registration  purposes. 

[November  18,  1879  ;  February  14,  1888.] 

Voters  Changing  Place  of  Abode. 

SEC.  6.  Voters  removing  from  one  municipal  ward  to  an- 
other may  appear  before  the  registrar  at  any  time,  until  within 
fifteen  days  of  the  eleetion,  and  have  their  names  erased  from 
the  registry  list;  and  they  may  thereupon  have  their  names 
registered  in  the  ward  to  which  they  may  remove. 

[November  18,  1879;  February  14,  1888.] 

Alphabetical  List  for  Each  Ward. 

SEC.  7.  Upon  the  completion  of  the  registration  it  shall 
be  the  duty  of  the  registrar  to  proceed  to  make  out  a  list  in 
alphabetical  order,  for  each  municipal  ward,  containing  the 
names  of  all  the  registered  voters  of  such  ward;  and  he  shall 
file  and  carefully  preserve  all  said  affidavits  and  registry  lists, 
and  shall  make  a  copy  of  each  ward  registry  list,  and  cause  the 
same  to  be  posted  up  at  least  fifteen  days  before  any  election,  at 
or  near  the  place  of  election,  and  shall  make  and  transmit  an- 
other copy  to  the  judges  of  election. 

[November  18,  1879;  February  14,  1888.] 

Notice  of  Election  to  Be  Given. 

SEC.  8.  The  city  registrar  shall  cause  a  notice  of  the  time 
and  places  of  voting  and  the  number  and  kind  of  officers  to  be 
elected,  to  be  posted  up  in  each  municipal  ward,  or  advertised 
in  some  newspaper  published  within  said  city,  at  least  fifteen 
days  previous  to  the  time  of  holding  said  election,  and  setting 
forth  therein  that  the  polls  will  open  at  one  hour  after  sunrise 
and  continue  open  until  sunset. 

[November  18,  1879;  February  14,  1888.] 


186  ELECTIONS. 


Judges  of  Election— How  Vacancies  Filled. 

SEC.  9.  In  October  preceding  each  municipal  election, 
there  shall  be  appointed  three  capable  and  discreet  persons,  in 
each  municipal  ward,  one  at  least  of  whom  shall  be  of  the 
political  party  that  was  in  the  minority  at  the  last  previous 
municipal  election,  if  any  such  party  there  be  in  such  ward,  to 
act  as  judges  of  election,  and  they  shall  designate  one  of  the 
persons  appointed  to  preside,  and  the  other  two  to  act  as  clerks 
of  said  election.  And  certificates  of  said  appointments  shall  be 
transmitted  by  mail  or  other  safe  conveyance  to  the  persons  so 
appointed,  who,  previous  to  entering  upon  said  office,  shall  take 
and  subscribe  an  oath,  before  any  person  authorized  to  admin- 
ister oaths,  to  the  effect  that  they  will  well  and  faithfully  per- 
,form  all  the  duties  thereof  to  the  best  of  their  ability,  and  that 
they  will  studiously  endeavor  to  prevent  any  fraud,  deceit  or 
abuse  at  the  election  over  which  they  preside.  If,  in  any  ward, 
any  of  such  judges  decline  to  serve,  or  fail  to  appear,  the  voters 
of  said  ward,  first  assembled  on  the  day  of  election,  to  the  num- 
ber of  six,  at  or  immediately  after  the  time  designated  for  open- 
ing the  polls,  may  elect  a  judge  or  judges,  to  fill  the  vacancy, 
.  and  any  person  so  elected  shall  qualify  as  hereinbefore  pro- 
vided. 

[November  18,  1879;  February  14,  1888.] 

Books  and  Blanks— Opening  in  Ballot-Box. 

SEC.  10.  There  shall  be  provided  the  necessary  books, 
blanks,  stationery  and  ballot-boxes,  which  ballot-boxes  shall  be 
made  of  galvanized  iron,  of  suitable  size,  with  Yale  or  other 
safe  locks  and  two  keys,  one  of  the  keys  to  be  kept  by  the 
judges  of  election  and  one  by  the  city  registrar.  There  shall 
be  an  opening  through  the  lid  of  each  ballot-box  of  sufficient 
size  to  admit  a  single  ballot. 

[November  18,  1879;  February  14,  1888. J 

Envelopes  to  Be  Supplied— Ballot-Box. 

SEC.  11.  There  shall  be  furnished  the  judges  of  election 
in  each  ward  a  sufficient  number  of  plain  envelopes  for  election 
purposes:  said  envelopes  shall  be  uniform  in  color  and  size, 


ELECTIONS.  187 

without  any  marks,  writing,  printing  or  device  upon  them,  and 
no  other  kind  shall  be  used  at  any  election.  Before  opening 
the  polls  the  ballot-box  shall  be  carefully  and  publicly  examined 
by  the  judges  of  election,  who  shall  satisfy  themselves  that 
nothing  is  therein.  It  shall  then  be  locked  and  the  key  thereof 
delivered  to  the  presiding  judge,  and  said  ballot-box  shall  not 
be  opened  during  the  election. 

[November  18,  1879;  February  14,  1888.] 

Manner  of*  Registering  Totes. 

SEC.  12.  At  the  opening  of  the  polls  at  all  elections  the 
judges  of  election,  for  their  respective  wards,  shall  designate 
one  of  the  judges,  acting  as  clerk,  who  shall  have  in  custody  the 
registry  list  of  voters,  and  shall  make  the  entries  therein 
required  by  law;  the  other  of  said  judges,  acting  as  clerk,  shall 
write  the  name  of  each  person  voting,  and  opposite  to  it  the 
number  of  the  vote. 

[November  18,  1879.] 

Planner  of  Toting. 

SEC.  13.  Every  voter  shall  designate  on  a  single  ballot, 
written  or  printed,  the  name  of  the  person  or  persons  voted  for, 
with  a  pertinent  designation  of  the  office  to  be  filled,  and  when 
any  question  is  to  be  decided  in  the  affirmative  or  negative,  he 
shall  state  the  proposition  at  the  bottom  of  the  ballot,  and  write 
thereunder  "Yes,"  or  "No,"  as  he  may  desire  to  vote  thereon, 
which  ballot  shall  be  folded  and  placed  in  one  of  the  envelopes 
hereinbefore  provided  for,  and  delivered  to  the  presiding  judge 
of  election,  who  shall,  in  the  presence  of  the  voter,  on  the  name 
of  the  proposed  voter  being  found  on  the  registry  list,  deposit 
it  in  the  ballot-box,  without  any  mark  whatever  being  placed 
on  such  envelope  ;  otherwise  the  ballot  shall  be  rejected. 

[November  18,  1879.] 

\aiiM'  of  Toter  and  \  u  m  her  of  Tote. 

SEC.  14.  Whenever  any  ballot  shall  be  deposited  in  the 
ballot-box,  *the  judge  having  the  registry  list  shall  write  the 
word  "voted"  opposite  the  name  of  the  person  casting  the  vote, 


188  ELECTIONS. 


and  the  other  judge  acting  as  clerk  shall  write  the  name  of  the 
voter  and  the  number  of  the  vote  upon  a  list  to  be  made  by 
such  judge. 

[November  18,  1879.] 

Canvass  of  Votes. 

SEC.  15.  As  soon  as  the  polls  shall  be  closed,  the  judges 
of  election  shall  immediately  proceed  to  canvass  the  votes  cast 
at  such  election,  and  continue  without  adjournment  until  com- 
pleted, and  all  candidates  voted  for  may  be  present,  either  in 
person  or  by  representative,  to  witness  said  canvass.  If  any 
envelope  contains  two  or  more  ballots  of  the  same  kind  folded 
together,  one  only  shall  be  counted. 

[November  18,  1879.] 

How  Canvass  Conducted. 

SEC.  16.  The  canvass  shall  commence  by  the  judges  who 
have  acted  as  clerks  of  the  election  comparing  their  respective 
lists  and  ascertaining  from  said  lists  the  number  of  votes  cast. 
The  box  shall  then  be  opened  and  the  ballots  therein  taken  out 
and  counted  by  the  judges  ;  and  the  judges  acting  as  clerks 
shall  each  make  a  list  of  all  the  offices  voted  for.  The  presiding 
judge  shall  then  proceed  to  open  the  ballots  and  call  off  there- 
from the  names  of  the  persons  voted  for,  and  the  offices  they 
are  intended  to  fill,  and  the  judges  acting  as  clerks  shall  take 
an  account  of  the  same  upon  their  lists,  and  all  the  ballots  shall 
be  immediately  returned  to  the  ballot-box,  and  the  ballot-box 
shall  be  locked  and  securely  kept. 

[November  18,1879;  February  14,  1888.] 

Judges  to  Certify  the  Result. 

SEC.  17.  After  the  canvass  shall  have  been  completed  the 
judges  of  election  shall  add  up  and  determine  the  number  of 
votes  cast  for  easjh  person  for  the  several  offices,  which  result 
shall  be  placed  on  the  lists  made  by  the  judges  acting  as  clerks 
of  the  election,  and  the  judges  shall  thereupon  certify  to  the 
same,  and  forward  all  the  lists,  securely  sealed,  together  with 
the  ballot-box,  to  the  city  registrar,  by  a  qualified  voter,  who- 
shall,  before  taking  the  same,  take  and  subscribe  an  oath  to  the- 


ELECTIONS.  189 


effect  that  he  will  deliver  the  same  to  said  officer  without  un- 
necessary delay,  and  that  he  will  use  his  utmost  ability  to  pre- 
vent any  interference  whatever  therewith  by  any  person  whom- 
soever. 

[November  18,  1879;  February  14,  1888.] 

Canvassing  Board. 

SEC.  18.  On  receipt  of  the  ballot-boxes  and  returns  of 
election,  the  registrar,  in  the  presence  of  at  least  five  reputable 
citizens,  selected  for  that  purpose,  and  who  are  not  publicly 
known  as  candidates  voted  for  at  such  election,  who,  after  being 
sworn  to  faithfully  perform  the  duties  assigned  them,  shall 
break  the  seal  of  the  returns,  and  all  candidates  may  be  present, 
as  provided  in  section  15  of  this  chapter,  and  the  registrar  and 
the  citizens  aforesaid  shall  carefully  examine  the  returns,  and  if 
no  irregularity  or  discrepancy  appear  therein,  affecting  the 
result  of  the  election  of  any  candidate,  they  shall  accept  said 
returns  as  correct;  but  if  the  right  of  any  person  voted  for 
for  any  office  is  in  any  way  affected,  then  the  registrar  and  citi- 
zens aforesaid  shall  open  the  ballots  and  canvass  the  same,  so 
far  as  to  determine  the  rights  of  the  person  whose  office  may  be 
affected.  They  may  also  cause  to  appear  before  them  any  per- 
sons whom  they  may  deem  proper,  and  take  their  testimony  in 
relation  to  said  election. 

[November  18,  1879;  February  14,  1888.] 

How  Result  Declared. 

SEC.  19.  After  the  completion  of  the  canvass  the  registrar 
and  the  said  citizens  shall  declare  the  result  thereof,  and  the 
said  officer  shall  immediately  make  out  and  transmit  a  certificate 
of  election  to  each  person  elected  to  any  offioe;  Provided,  that 
when  two  or  more  candidates  for  an  elective  office  shall  have  an 
equal  number  of  votes  for  the  same  office,  the  election  shall  be 
determined  by  the  city  council,  who  shall  give  notice  to  the 
parties  of  the  time  and  place  at  which  the  tie  shall  be  decided. 

[November  18,  1879;  February  14,  1888.] 

How  Ballots  Disposed  of. 

SEC.  20.  Immediately  after  the  inspection  of  the  ballots, 
in  any  ballot-box,  the  ballots  shall  be  returned  into  the  box, 


190  ELECTIONS. 


which  shall  be  locked  and  securely  sealed,  and  the  boxes  shall 
be  so  preserved  for  ten  days  afterfthe  result  of  the  election  has 
been  declared;  and  immediately  after  the  expiration  of  ten  day s, 
and  no  notice  of  a  contest  being  filed,  requiring  further  delay, 
the  registrar  shall,  in  the  presence  of  at  least  one  of  the  citizens- 
who  assisted  in  the  canvass,  and  such  candidates  voted  for  as- 
may  be  present,  open  each  of  the  ballot-boxes  and  destroy 
all  ballots  contained  therein. 
[November  18,  1879.] 

Special  Elections. 

SEC.  21.  All  special  elections  in  said  city  shall  be  held 
and  conducted,  and  the  returns  and  canvass  of  votes  thereof 
made,  in  accordance  with  the  provisions  for  regular  elections; 
and  notice  of  such  elections  shall  be  given  by  the  city  registrar 
in  the  same  manner  as  therein  provided;  and  the  persons  ap- 
pointed to  act  as  judges  of  the  municipal  election  next  preced- 
ing any  special  election  shall  act  as  the  judges  of  such  special 
election,  subject  to  the  right  to  fill  any  vacancy  occurring  on 
the  day  of  such  special  election,  as  provided  for  filling  vacancies 
of  judges  at  municipal  elections;  Provided,  that  unless  other- 
wise provided  by  law,  all  persons  in  said  city  qualified  and  en- 
titled to  vote  at  such  preceding  municipal  election  shall  be  en- 
titled to  vote  at  such  special  election. 

[March  9,  1880;  February  14,  1888.] 


ENGINEER.  191 


CHAPTER  XIV. 


ENGINEER 

Dnty  of  City  Engineer. 

SECTION  1.  It  shall  be  the  duty  of  the  city  engineer  to> 
locate  the  lines  and  grades  of  all  streets  and  sidewalks,  alleys, 
avenues  or  other  public  ways,  and  to  determine  the  position, 
size  or  construction  of  all  sewers,  waterworks,  irrigation  or 
drainage  canals,  reservoirs,  culverts,  conduits,  aqueducts, 
bridges,  viaducts,  or  other  public  work  or  appurtenances,  and  to 
prepare  plans,  maps  or  profiles  of  the  same,  and  to  make  esti- 
mates and  furnish  specifications  for  any  of  said  work,  whenever 
required  to  do  so  by  the  mayor  or  city  council.  He  shall  have 
general  supervision  of  all  contract  or  other  work,  and  see  that 
it  is  performed  in  a  workmanlike  manner  and  in  accordance 
with  the  authorized  plans,  and  in  conformity  with  the  terms  of 
the  contract  and  specifications. 

[April  1,1890.] 

Official  Survey  of  the  City. 

SEC.  2.  It  shall  be  the  duty  of  the  city  engineer  to  make,, 
as  soon  as  the  time  and  means  at  his  command  will  allow,  a 
complete  re-survey  of  the  entire  cityr  including  all  streets,  side- 
walks, alleys,  avenues,  public  squares,  parks,  and  all  public  or 
private  lands,  which  shall  constitute  and  be  the  official  survey 
of  the  city.  And  all  lines  thereby  established  shall.be  perpetu- 
ated by  substantial  and  permanent  stone  monuments  or  other- 
wise, as  the  city  engineer  may  determine. 

[April  1,1890.] 

Corrected  Map  to  Be  Made. 

SEC.  3.  As  the  work  of  the  re-survey  of  the  city  progresses,. 
a  corrected  map  of  the  official  survey  shall  be  made,  showing  alii 


192  ENGINEER. 


streets,  alleys,  avenues  or  other  public  ways,  also  all  public 
squares,  parks,  public  buildings  and  lands,  and  all  prominent 
and  permanent  topographical  features  within  the  city  limits; 
and  said  map  shall  be  corrected  from  time  to  time  to  conform  to 
such  changes  as  shall  be  made. 
[April  1,  1890.] 

Field  Notes,  Maps  and  Profiles. 

SEC.  4.  The  city  engineer  shall  keep  in  his  office  certified 
copies  of  all  the  field  notes,  maps  or  profiles  which  relate  to  the 
city  surveys,  waterworks,  sewers,  irrigation  system,  streets  or 
sidewalks,  and  to  all  other  engineering  works,  and  he  shall  ar- 
range and  index  them  in  such  manner  as  will  enable  a  ready 
reference  thereto,  and  all  shall  be  the  property  of  Salt  Lake 
City. 

[April  1,  1890.] 

JLine  and  Grade  Must  Be  Obtained— Penalty. 

SEC.  5.  As  soon  as  the  official  survey  hereinbefore  author- 
ized shall  have  been  extended  over  any  portion  of  the  city,  it 
shall  be  unlawful  for  any  person  or  persons  to  commence  the 
erection  of  any  building  upon  the  line  of  any  street  or  public 
highway,  or  to  construct  any  curbs,  gutters,  cellarways,  lights, 
pavements  or  other  similar  improvements  in  any  of  such  streets 
•or  highways,  or  upon  the  sidewalks  thereof,  embraced  within 
the  limits  of  such  survey,  without  first  applying  to  the  city  en- 
gineer for  the  line  and  grade  of  such  street  or  highway ;  and 
thereupon  it  is  made  the  duty  of  the  city  engineer  to  fix  the 
required  line  and  grade,  and  all  buildings,  curbs,  gutters,  cellar 
ways,  lights,  pavements  and  all  other  similar  improvements 
shall  be  made  to  conform  with  the  lines  and  grades  so  fixed, 
unless  special  permission  shall  have  been  granted  by  the  city 
council  to  temporarily  construct  otherwise.  And  if  any  person 
shall  violate  any  provision  of  this  section,  he  shall,  upon  convic- 
tion, be  fined  not  less  than  ten  ($10)  dollars  nor  more  than 
one  hundred  ($100)  dollars. 

[November  24,  1891.] 


ENGINEER.  193 


Fees  of  Engineer. 

SEC.  6.  The  city  engineer  shall  be  allowed  to  charge  and 
demand  in  advance,  for  the  benefit  of  the  city,  the  following 
fees  from  the  owners  of  property  ordering  the  work  to  be  per- 
formed, or  against  whom  the  work  is  properly  chargeable,  in  all 
parts  of  the  city  over  which  the  oificial  survey  shall  have  been 
extended,  or  when  the  surveys  are  found  to  agree  substantially 
with  the  recorded  plats  thereof  : 

For  surveying  each  lot  having  more  than  twenty-five  and 
not  exceeding  sixty  feet  front,  $5.00. 

For  each  additional  lot  of  the  above  dimensions,  contiguous 
thereto  and  owned  by  the  same  party,  $2.50. 

For  surveying  each  lot  having  not  over  twenty-five  feet 
front,  $4.00. 

For  each  additional  lot  of  the  last  above  dimensions,  and 
belonging  to  the  same  party,  $2.00. 

For  establishing  street  and  sidewalk  grades  for  any  front- 
age not  exceeding  sixty  feet,  $4.00. 

For  establishing  street  and  sidewalk  grades  for  any  front- 
age over  sixty  feet  and  not  exceeding  one  hundred  feet,  $5.00, 
and  for  each  additional  foot,  five  cents  per  lineal  foot. 

[April  1,  1890.] 

Where  There  is  No  Official  Survey. 

SEC.  7.  In  all  parts  of  the  city  over  which  the  official  sur- 
vey has  not  been  extended,  and  where  the  surveys  are  not  found 
to  agree  substantially  with  the  recorded  plats  thereof,  the  city 
engineer  shall  for  all  surveys  in  such  districts  charge  and  collect 
in  advance  a  sum  estimated  to  cover  the  proper  cost  or  expense 
thereof,  and  upon  ascertaining  such  cost  or  expense,  any  excess 
thereof  shall  be  refunded  to  the  applicant ;  and  in  case  of  sur- 
veys in  such  districts  where  lines  cannot  be  satisfactorily  deter- 
mined to  agree  with  the  recorded  plat,  the  city  engineer  may 
refuse  to  give  any  certificate  of  survey. 

[April  1,  1890.] 

Fees  to  Cro  to  City— Quarterly  Reports. 

SEC.  8.  All  fees  and  revenues  of  whatever  kind,  received  in 
the  department  of  the  city  engineer,  and  arising  from  the  offi- 

13 


194  ENGINEER. 


cial  acts  of  the  city  engineer  or  any  of  his  assistants,  shall  be- 
long to  the  city  of  Salt  Lake,  and  the  city  engineer  shall  collect 
and  receive  the  same  and  turn  them  into  the  city  treasury  in  the 
manner  provided  in  such  cases,  and  he  shall  as  often  as  once 
every  three  months  report  the  actions  and  doings  of  his  depart- 
ment to  the  mayor  and  city  council. 
[April  1,  1890.] 

Engineer  to  Devote  His  Time. 

SEC.  9.     The  city  engineer  shall  devote  his  personal  time 
and  attention  to  the  duties  and  requirements  of  his  office. 
[April  1,1890.] 

Penalty  for  Molesting  Engineer. 

SEC.  10.  If  any  person  shall  interrupt  or  molest  said  city 
engineer  while  engaged  in  his  official  duty,  by  riding  or  driving 
any  horse  or  animal  or  vehicle  of  any  kind  against  the  person 
or  surveying  instruments  or  other  professional  apparatus  of  said 
city  engineer,  or  any  of  his  assistants,  or  by  moving  or  dis- 
placing any  stake  or  other  landmark  fixed  or  determined  by  him 
or  his  assistants,  or  by  willfully  causing  or  offering  them  any 
kind  of  corporeal  injury  or  hindrance,  such  person  so  offending 
shall,  upon  conviction  thereof,  be  fined  in  any  sum  not  less  than 
five  dollars  nor  more  than  one  hundred  dollars. 

[  April  1,  1890.] 

How  Maps  and  Plats  Approved. 

SEC.  11.  The  city  engineer  of  said  city,  by  order  of  the 
city  council  only,  is  authorized  to  approve  in  duplicate,  to  be 
furnished  by  the  applicants,  any  maps  or  plats  of  land  situated 
within  the  limits  of  Salt  Lake  City;  one  of  said  duplicates,  at 
the  time  of  approval,  to  be  left  with  and  filed  by  the  city 
engineer  in  his  office,  the  other  to  be  filed  and  recorded  in  the 
office  of  the  county  recorder  of  the  county  in  which  said  land 
is  situated;  Provided,  that  all  such  maps  and  plats  of  laud 
situated  outside  of  the  city  survey  shall  be  located  with  refer- 
ence to  the  section  corner;  and  provided  further,  that  such 
approval  shall  in  no  instance  be  construed  as  an  acceptance  by 
the  city  of  the  dedication  of  any  street  or  public  grounds  in 


ENGINEER.  195 


such  map  or  plat,  nor  render  said  city  liable   for  keeping  the 
same  in  repair;  and  provided,  that  all  such  maps  ar  plats  here- 
tofore filed  with  the  city  recorder  are  hereby  directed  to  be 
transferred  to  and  filed  in  the  office  of  the  city  engineer. 
[June  24,  1890;  February  24,  1891.] 

Official  Standard  of  Measure. 

SEC.  12.  The  standard  of  measure  used  and  adopted  by 
the  city  engineer  in  his  re-survey  of  the  city  be  and  the  same 
is  hereby  adopted  and  constituted  the  official  standard  of  meas- 
ure for  all  surveys  hereafter  to  be  made  within  the  corporate 
limits  of  Salt  Lake  City. 

[May  13,  1892.] 

Means  of  Fixing  the  Standard. 

SEC.  13.  The  three  stone  monuments  set  in  Liberty  Park 
and  provided  with  a  scale  or  vernier  to  mark  the  exact  lengths 
for  instruments  of  100  and  400  feet,  respectively,  and  to  indicate 
the  tension  and  degree  of  temperature  employed,  are  hereby 
,declared  to  be  the  means  of  fixing  and  perpetuating  the  official 
standard  herein  above  adopted.  The  initial  monument  of  the 
said  group  being  located  at  a  point  1257  7-10  feet  south  and 
230  7-10  feet  west  from  the  stone  monument  at  the  intersection 
of  Seventh  East  and  Ninth  South  streets,  and  the  two  other 
monuments  being  in  line  with  and  at  a  distance  of  100  and  400 
feet,  respectively,  west  from  the  initial  monument. 

[May  13,  1892.] 

Instruments— How  Adjusted. 

SEC.  14.  All  persons  who  shall  hereafter  use  any  measur- 
ing instrument  for  making  any  survey  or  measurement  to  estab- 
lish the  boundary  lines  of  any  lot  or  of  any  street  or  other 
parcel  of  land,  within  the  corporate  limits  of  Salt  Lake  City, 
shall  first  test  or  compare  and  adjust  the  same  to  correspond 
with  the  official  standard,  as  indicated  by  the  above  described 
monuments. 

[May  13,  1892.] 


196  ENGINEER. 


Penalty  for  Failure  to  Adjust. 

SEC.  15.  Any  person  or  persons  who  shall  refuse  or  neglect 
to  first  compare  and  adjust  the  measuring  instruments  to  be  used 
by  him  or  them,  before  making  surveys  for  any  purpose  in  Salt 
Lake  City,  shall  be  judged  guilty  of  a  misdemeanor,  and  shall, 
upon  conviction,  be  fined  in  any  sum  not  less  than  twenty-five 
.dollars  nor  more  than  two  hundred  and  fifty  dollars. 

[May  13,  1892.] 

Engineer  the  Custodian  of  Monuments. 

SEC.  16.  The  city  engineer  is  hereby  constituted  the  official 
custodian  of  the  herein  above  named  monuments  and  the  keys 
which  unlock  the  fastenings  thereto.  And  it  is  hereby  made  his 
•duty  to  keep  the  said  monuments  in  perfect  condition  and  to 
properly  protect  the  same,  and  to  open  or  to  allow  the  opening 
of  the  fastenings  thereto  upon  request  of  all  persons  requiring 
\to  use  the  same,  under  the  provisions  of  this  ordinance. 

[May  13,  1892.] 


ESTRAY   POUND.  197 


CHAPTER  XV. 


ESTEAY  POUND. 

I, oca  ( ion  of*  I1', si  ray  Pound. 

SECTION  1.  Lot  seven  of  block  fifty-three,  in  plat  A,  Salt 
Lake  City  survey,  is  hereby  designated  as  the  city  estray  pound 
for  impounding  animals  running  at  large  or  doing  damage  within 
the  corporate  limits  of  Salt  Lake  City,  as  hereinafter  provided. 

[Decembers,  1891.] 

Additional  Estray  Pound. 

SEC.  2.  An  additional  estray  pound  is  hereby  created,  sit- 
uated in  North  Salt  Lake,  near  the  Jordan  river,  on  land  ownedi 
by  Levi  C.  Cone  and  Charles  H.  Roberts,  and  is  designed  as  an 
additional  estray  pound  for  impounding  animals  running  at 
large  and  doing  damage  in  the  corporate  limits  of  the  city.  The 
mayor,  by  and  with  the  advise  and  consent  of  the  city  council, 
may  appoint  an  additional  pound-keeper  for  said  additional  es- 
tray pound,  whose  duties  and  compensation  shall  be  the  same  as 
the  city  pound-keeper. 

[May  13,  1890.] 

Duty  of  Pound-keeper. 

SEC.  3.  It  shall  be  the  duty  of  the  city  pound-keeper  to 
receive  and  take  care  of  all  animals  committed  to  his  charge, 
and  provide  all  necessary  forage  therefor,  and  use  due  diligence 
to  find  the  owners  of  said  animals,  by  examining  the  record  of 
marks  and  brands,  and  otherwise,  and  notify  the  owner  if  found. 
He  shall  receive  and  file  all  bills  of  damage  duly  presented,  and 
enter  the  amounts  in  the  pound  book,  which  shall  be  open  to 
the  inspection  of  the  public;  he  shall  not  deliver  any  animaj  to 
the  owner  until  all  costs  and  damages  are  paid  or  satisfactorily 
arranged  for. 

[May  3,  1887.] 


198  ESTRAY   POUND. 


Animals  Received  to  Be  Registered. 

SEC.  4.  The  city  pound-keeper  shall  register  in  the  pound 
book  all  animals  delivered  to  him  for  commitment,  which  regis- 
tration shall  set  forth  when  received,  from  whom,  where  found, 
amount  of  damage  done,  kind  of  animal,  approximate  age, 
color,  marks,  brands,  and  such  other  description  as  may  aid  the 
owner  to  identify  his  animal,  a  true  copy  of  which  the  pound- 
keeper  shall  forthwith  post  up  on  the  outside  of  the  entrance 
door  of  said  pound. 

[May  3,  1887.] 

Sale  of  Impounded  Animals. 

SEC.  5.  All  animals  remaining  unclaimed  three  days  from 
the  time  of  commitment  shall  be  advertised  for  sale  by  the 
pound-keeper  not  less  than  three  times,  in  some  newspaper  pub- 
lished in  said  city,  having  general  circulation,  giving  a  descrip- 
tion of  said  animals  as  directed  in  section  4  of  this  chapter,  and 
that,  if  not  claimed  and  taken  away  within  ten  days  from  the  date 
thereof,  he  will  expose  them  at  public  sale,  specifying  the  time 
and  place,  and  sell  them  to  the  highest  responsible  bidder. 

[May  3,  1887.] 

Disposition  of  Proceeds  of  Sale. 

SEC.  6.  The  net  proceeds  of  the  sale  of  all  animals  made  in 
pursuance  of  section  5  of  this  chapter  shall  be  paid  into  the 
city  treasury,  subject  to  the  order  of  the  owners  of  said  animals, 
if  applied  for  within  six  months  from  the  date  of  sale;  if  not 
applied  for  by  the  owners  within  that  time,  the  city  treasurer 
shall  place  the  amount  to  the  credit  of  the  city  revenue. 

[May  3,  1887.] 

Cattle  Running  at  Large. 

SEC.  7.  No  cattle,  horses,  mules,  sheep,  goats  or  swine 
shall  be  allowed  to  run  at  large,  or  be  herded,  picketed  or  staked 
out  upon  any  street,  sidewalk  or  any  other  public  place  within 
the  limits  of  the  city,  and  all  such  animals  so  found  may  be 
taken  up  and  driven  to  the  estray  pound;  Provided,  that 
nothing  herein  contained  shall  be  so  construed  as  to  prevent 


ESTEAY   POUND.  199 


any  person  from  driving  milch  cows,  work  cattle,  horses,  mules 
or  other  animals  from  outside  the  city  limits  to  any  enclosure 
within  the  city  limits,  or  from  any  enclosure  in  the  city  to  a 
T)lace  outside  of  the  city. 
[March  18,  1890.] 

Appraisal  of*  Damage. 

SEC.  8.  All  damages  done  by  any  animal  trespassing  shall, 
upon  request  of  the  person  damaged,  be  forthwith  appraised  by 
any  disinterested  person,  who  may  make  a  reasonable  charge  for 
such  service,  and  shall  set  forth  in  such  appraisal,  in  writing, 
the  time  and  place  of  damage,  the  amount  of  damages,  together 
with  his  charges,  the  name  of  the  owner  of  the  animal,  if  known, 
the  name  of  the  person  so  damaged  ;  also  the  kind  and  descrip- 
tion of  the  animal ;  which  appraisal,  if  not  paid  or  satisfactorily 
arranged  for  by  the  owner,  or  if  the  owner  be  not  found,  shall, 
together  with  the  animal,  be  delivered  to  the  city  pound-keeper. 
Provided,  that  if  the  owner  deem  the  appraisal  too  high,  said 
owner  may  choose  another  appraiser,  who,  with  the  first,  may 
make  a  new  appraisal ;  or  when  they  cannot  agree,  they  two 
may  choose  a  third,  and  the  three  may  proceed  to  make  a  final 
appraisal. 

[May  3,  1887.] 

Taking  Animals  to  POM  ml. 

SEC.  9.  Any  animal  found  doing  damage  may  be  taken  up 
by  any  person,  and,  if  the  owner  cannot  be  found,  or  if  found 
shall  refuse  to  pay  all  costs  and  damage,  said  animal  may  be 
taken  forthwith  to  the  city  pound  and  delivered  to  the  keeper 
thereof,  and  may  be  held  and  sold  as  provided  in  section  5  of 
this  chapter,  unless  previously  redeemed. 

[May  3,1887.] 

Penalty  for  Detaining  Animals. 

SEC.  10.  Any  person  other  than  the  city  pound-keeper  tak- 
ing up  an  animal,  under  the  provisions  of  this  chapter,  and 
retaining  it  more  than  twenty-four  hours,  shall,  on  conviction, 
be  liable  to  pay  a  fine  of  not  exceeding  twenty-five  dollars. 

[May  3,  1887;  February  14,  1888.] 


200  ESTBAY   POUND. 


Penalty  for  Taking  Out  of  Proper  Custody. 

SEC.  11.  Any  person  taking  his  own  animal  or  that  of  any 
other  person  out  of  the  custody  of  a  person  holding  the  same 
for  damages  done  by  it,  or  out  of  the  city  pound,  by  stealth,  or 
by  force,  or  who  shall  interrupt  or  hinder  any  one  while  in  the 
discharge  of  his  duty,  under  the  provisions  of  this  chapter,  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  one -hundred  dol- 
lars, or  imprisonment  not  to  exceed  one  hundred  days,  or  both 
fine  and  imprisonment. 

[May  8,  1887.] 

Maliciously  Impounding  Animals. 

SEC.  12.  Any  person  who  shall  maliciously  or  mischiev- 
ously secrete  or  impound  the  animal  of  another,  or  who  shall 
maliciously  or  mischievously  aid  and  abet  therein,  shall,  on  con- 
viction, be  liable  to  a  fine  in  any  sum  not  exceeding  twenty-five 
dollars  for  each  offense. 

[May  3,  1887.] 

Fees  of  Pound-keeper. 

SEC.  13.  The  pound-keeper's  fees  for  impounding,  register- 
ing and  posting  up  notice  shall  not  exceed  one  dollar  per  head 
for  horses,  mules  or  cattle,  nor  twenty- five  cents  for  calves, 
goats,  sheep  and  swine.  Fees  for  feeding  animals  shall  be  gov- 
erned by  the  price  of  forage  in  the  city  market  at  the  time  of 
feeding  the  same.  Fees  for  advertising  shall  not  exceed  a 
reasonable  compensation  therefor.  All  said  fees  shall  be  re- 
tained by  the  pound-keeper  for  his  compensation  and  the  pay- 
ment of  all  costs  that  may  have  accrued. 

[May  3,  1887.] 

Records— Quarterly  Reports— Settlement  With  City. 

SEC.  14.  It  shall  be  the  duty  of  the  pound-keeper  to  keep 
books,  in  which  he  shall  keep  an  accurate  account  of  all  receipts 
and  disbursements,  and  shall  make  a  full  and  detailed  report  of 
his  proceedings  to  the  city  council  quarterly,  stating  therein  the 
number  of  animals  impounded,  the  number  of  animals  sold,  to 
whom  sold,  and  the  amounts  received  therefor,  the  amounts  re- 


EXPLOSIVES.  201 


ceived  and  paid  for  forage,*  advertising  and  sale ;  and  he  shall 
pay  over  to  the  city  treasurer  all  funds  remaining  in  his  hands- 
belonging  to  the  corporation. 
[May  3,  1887.] 


CHAPTER  XVI. 


EXPLOSIVES. 

Location  of  Magazines. 

SECTION  1.  A  portion  of  the  east  half  of  the  northeast 
quarter,  and  a  portion  of  the  east  half  of  the  southeast  quarter 
of  section  14,  township  1  north,  range  1  west,  lying  northeast 
of  the  Hot  Springs,  is  hereby  designated  as  a  location  for  the 
erection  of  magazines,  to  be  built  of  adobe  or  brick,  or  both,  for 
the  storage  of  explosive  powder,  under  such  regulations  as  are 
hereinafter  provided.  Application  for  the  privilege  of  building 
magazines  on  said  ground  must  be  made  in  writing  to  the  city 
council.  But  nothing  herein  shall  be  so  construed  as  to  prevent 
the  city  council  from  changing  the  place  of  location  of  such 
magazines,  or  as  granting  any  interest  to  any  party  in  the  lands 
above  described. 

[April  18,  1876.] 

Selling   Without   Permit   Forbidden. 

SEC.  2.  It  shall  not  be  lawful  for  any  person  to  keep,  sell 
or  give  away  gunpowder,  Giant  or  Hercules  powder,  nitro- 
glycerine or  dynamite,  in  any  quantity,  without  the  permission 
of  the  city  council ;  Provided,  any  person  may  keep,  in  a  canis- 
ter or  flask,  for  his  own  use,  not  to  exceed  six  and  one-quarter 
pounds  of  gunpowder. 

[April  18,  1876;  February  14,  1888.] 


202  EXPLOSIVES. 


IV TIH it*.  How  Obtained— Quantity  to  Be  Kept. 

SEC.  3.  On  application  being  made  to  the  city  council,  in 
writing,  permits  may  be  granted  to  sell  gunpowder,  Giant  or 
Hercules  powder,  nitro-glycerine  or  dynamite,  during  the 
pleasure  of  the  council;  said  permits,  when  granted,  shall  state 
to  whom  granted  and  his  place  of  business,  and  shall  be  regis- 
tered by  the  city  recorder.  No  person  shall  keep  at  his  place 
-of  business  to  exceed  one  hundred  pounds  of  gunpowder,  which 
shall  be  in  canisters  and  placed  in  a  position  from  which  it  can 
be  readily  removed  in  case  of  fire.  No  Giant  or  Hercules  pow- 
der, nitro-glycerine  or  dynamite  shall  be  stored  or  kept  at  any 
-other  place  than  at  the  powder  magazines;  Provided,  that  a 
sample  of  each,  not  to  exceed  one  pound  of  Giant  or  Hercules 
powder,  may  be  kept  by  obtaiijing  a  permit  therefor.  No  per- 
son shall  sell  or  weigh  gunpowder  by  gas,  lamp  or  candle  light, 
unless  in  sealed  cans  or  canisters. 

[April  18,  1876.] 

•Caps— How  Kept. 

SEC.  4.  Giant  or  Hercules  powder  caps  shall,  in  all  cases, 
be  kept  separate  from  any  kind  of  explosive  powder;  if  kept  at 
a  powder  magazine,  it  shall  be  in  a  separate  vault  or  safe;  if 
kept  at  a  place  of  business,  it  shall  be  in  a  vault  or  safe  away 
from  all  other  explosives. 

[April  18,  1876.] 

Quantity  of  Petroleum  Which  May  Be  Stored. 

SEC.  5.  It  shall  be  unlawful,  without  the  permission  of  the 
•city  council,  for  any  person,  firm  or  corporation  to  store,  permit 
the  storage  of  or  keep  for  sale,  in  any  one  building  within  the 
•corporate  limits  of  the  city,  in  a  larger  quantity  than  twenty 
gallons,  to  be  always  kept  in  metal  cans,  any  crude  petroleum, 
gasoline,  or  any  product  of  petroleum,  or  hydro-carbon  liquids, 
which  shall  flash  or  emit  an  inflammable  vapor  at  a  temperature 
below  110°  Fahrenheit,  unless  the  same  be  kept  in  iron  tanks 
-and  stored  in  a  building  or  warehouse  specially  licensed  for, 
used  for  and  devoted  to  the  storage  of  crude  petroleum,  gaso- 
line or  other  hydro-carbon  liquids. 

[May  22,  1883.] 


EXPLOSIVES.  208 


Petroleum-  lion  Kept— Quantity. 

SEC.  ().  Ib  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  store,  permit  the  storage  of,  or  keep  for  sale,  in  any 
one  building  within  the  corporate  limits  of  Salt  Lake  City,  any 
refined  product  of  petroleum  in  larger  quantities  than  one 
thousand  gallons,  to  be  always  kept  in  metal  cans,  unless  the 
same  shall  stand  a  fire  test  of  110°  Fahrenheit  before  it  shall 
flash  or  emit  an  inflammable  vapor,  and  unless  the  same  be 
stored  in  a  building  or  warehouse  licensed  for,  used  for  and  de- 
voted to  the  storage  of  such  substances;  Provided,  that  all 
buildings  used  for  the  storage  of  any  refined  products  of  petro- 
leum, in  quantity  more  than  one  hundred  and  less  than  one 
thousand  gallons,  shall  be  so  constructed  as  to  be  deemed  fire- 
proof, and  a  certificate  thereof  shall  be  obtained  from  the  in- 
spector of  buildings  for  said  city  before  any  permit  shall  be 
granted,  which  certificate  shall  be  filed  in  the  office  of  the  city 
recorder.  Said  permit  shall  specify  the  room  in  such  building 
where  the  same  may  be  kept  or  stored,  and  the  name  of  the 
person,  firm  or  corporation  to  whom  the  same  shall  be  granted. 
All  such  permits  may  be  revoked  whenever  the  council  shall 
deem  such  revocation  necessary. 

[May  22,  1883.] 

Warehouse  for  Storage  of  Inflammables. 

SEC.  7.  No  building  or  warehouse  shall  be  specially  licensed 
for  the  storage  of  unlimited  quantities  of  oil  or  other  inflamma- 
ble substances,  as  contemplated  in  this  chapter,  except  upon  the 
recommendation  of  the  inspector  of  buildings,  the  chief  of  fire 
department  and  the  city  marshal,  as  being  suitable  therefor  ; 
said  building  or  warehouse  to  be  located  at  such  place  as  may 
be  approved  by  the  city  council,  and  not  to  be  within  twenty 
rods  of  any  dwelling  house  or  place  of  business  in  said  city, 
without  the  permission  in  writing  of  the  owner  of  such  dwell- 
ing house  or  place  of  business.  The  person,  firm  or  corporation 
making  application  for  such  special  license  shall,  as  soon  as  the 
same  shall  be  granted  by  the  council,  pay  into  the  city  treasury 
the  sum  of  twenty-five  dollars  yearly,  in  advance ;  Provided, 
that  no  such  warehouse  or  building  shall  be  used  for  the  storage 


204  EXPLOSIVES. 


of  crude  petroleum,  gasoline,  or  other  products  of  petroleum 
which  shall  flash  or  emit  an  inflammable  vapor  at  a  temperature 
below  110°  Fahrenheit,  unless  such  warehouse  or  building 
shall  be  specially  recommended  and  accepted  by  the  city  council 
for  such  storage,  and  have  prominently  painted  externally  on  the 
front  thereof,  in  plain  Roman  letters,  at  least  five  inches  in 
length,  the  words  :  "Licensed  for  the  storage  of  gasoline." 
[May  22,  1883.] 

Adulterating  Oils. 

SEC.  8.  It  shall  be  unlawful  for  any  person,  firm  or  cor- 
poration to  mix,  adulterate  or  offer  for  sale  any  oils  used  for 
illuminating  purposes  with  benzine,  naphtha,  gasoline  or  any 
other  substance ;  and  all  oils  or  fluids  manufactured  from  petro- 
leum, or  its  products,  to  be  used  for  illuminating  purposes,  shall 
be  required  to  stand  a  fire  test  of  110°  Fahrenheit  before  they 
shall  flash  or  emit  an  inflammable  vapor. 

[May  22,1883.] 

Combustible  or  Explosive  Chemicals. 

SEC.  9.  No  person  shall  manufacture  acids,  or  any  com- 
bustible or  explosive  chemicals,  or  boil  or  refine  oils,  or  main- 
tain, erect  or  cause  to  be  erected  any  works  for  the  manufacture 
of  acids  or  explosive  chemicals,  or  for  boiling  or  refining  oils, 
within  forty  rods  of  any  dwelling  house  or  place  of  business  in 
said  city  ;  and  no  person  shall  receive,  keep  or  store,  or  suffer  to 
remain  in  any  place  within  the  limits  of  said  city,  any  explosive 
substance,  having  an  explosive  power  greater  than  that  of  any 
ordinary  gunpowder. 

[May  22,  1883.] 

Place  of  Storage,  When  to  Be  Open. 

SEC.  10.  The  places  wherein  the  articles  mentioned  in 
sections  6  and  7  of  this  chapter  are  kept  or  stored  shall  not  be 
opened  before  sunrise  nor  after  sunset  on  any  day;  nor  shall 
fire  or  light  be  kept  or  carried  into  such  places  at  any  time. 

[May  22,  1883.] 


EXPLOSIVES.  205 


Coal  Oil  for  Kindling  Fires  Forbidden. 

SEC.  11.  It  shall  not  be  lawful  for  any  person,  within  the 
limits  of  this  city,  to  use  coal  oil  or  other  combustible  fluid  for 
the  purpose  of  kindling  fires,  or  to  handle  the  same  by  pouring 
from  one  vessel  to  another  at  any  other  time  than  by  daylight. 

[November  30,  1875.] 

How  Fire  to  Be  Carried. 

SEC.  12.  No  person  shall  be  allowed  to  carry  or  cause  to 
be  carried  in  any  house,  street,  thoroughfare  or  lot  of  this  city, 
any  burning  coals  or  brand  of  fire,  unless  the  same  be  in  a 
covered  vessel. 

[February  14,  1888.] 

Fireworks. 

SEC.  13.  No  person  shall  be  allowed,  within  the  limits  of 
the  city,  to  discharge  or  set  off  any  rocket,  squib,  cracker  or 
other  fireworks  without  the  consent  of  the  mayor,  specifying 
the  time  when  and  the  place  where  the  same  may  be  done. 

[February  14,  1888.] 

Chimneys  to   Be  Cleaned. 

SEC.  14.  The  owner  or  occupant  of  any  house,  shop  or 
other  building,  shall  cause  the  flues  or  chimneys  thereof  to  be 
cleaned  as  often  as  may  be  necessary.  Any  person  suffering 
the  flues  of  any  house  occupied  by  him  to  become  foul  and  take 
fire,  or  be  fired,  shall  be  liable  to  the  penalties  hereinafter  pre- 
scribed. 

[February  14,  1888.] 

Penalties. 

SEC.  15.  Any  person  violating,  or  failing  to  comply  with, 
any  of  the  provisions  of  this  chapter,  shall,  upon  conviction,  be 
punished  by  fine  in  any  sum  not  exceeding  one  hundred  dollars, 
or  by  imprisonment  not  exceeding  one  hundred  days,  or  by  both 
such  fine  and  imprisonment. 

[April  18,  1876;  May  22,  1883.] 


206  FIRE   DEPARTMENT. 


CHAPTER  XVII. 


FIRE  DEPARTMENT. 

How  Constituted— Compensation. 

SECTION  1.  The  fire  department  shall  consist  of  a  chief  of 
department,  one  or  more  assistant  chiefs  of  department,  one  or 
more  engineers  of  steamers,  twenty-six  permanent  men  and 
thirty  call  men.  All  officers  and  members  of  the  fire  depart- 
ment shall  receive  such  compensation  as  may  be  fixed  by  order 
of  the  city  council. 

[April  29,  1890.] 

Appointment  of  Additional  Hen. 

SEC.  2.  The  chief  of  the  fire  department  may,  under  the 
order  and  direction  of  the  council,  appoint  such  additional  men 
as  may  be  necessary  for  the  efficient  service  of  the  department, 
but  no  appointments  shall  be  made  without  being  first  reported 
to  the  council  and  its  assent  obtained. 

[July  29,  1890.] 

Qualifications  of  Members. 

SEC.  3.  Every  person  to  be  appointed  a  member  of  the  fire 
department .  must,  at  the  time  of  his  appointment,  be  an  able- 
bodied  man,  and  be  able  to  converse  understandingly  in  the 
English  language. 

[February  14,  1888.] 

Duties  and  Powers  of  Chief. 

SEC..  4.  The  duty  of  extinguishing  fires  and  of  protecting 
life  and  property  in  case  of  fire,  within  the  city,  shall  be  en- 
trusted to  the  chief  of  department;  he  shall  appoint  all  officers 
and  members  of  the  fire  department,  as  he  may  deem  expedi- 
ent; shall  determine  the  duties  of  such  officers;  he  may  dis- 


FIRE   DEPARTMENT.  207 


charge  any  of  said  officers  or  members  for  cause;  may  divide 
the  city  into  fire  districts,  and  make  such  rules  and  regulations, 
for  the  government  of  all  officers  and  members  of  the  fire  de- 
partment as  he  may  deem  expedient;  he  shall  make  suitable 
regulations  under  which  the  officers  and  men  of  said  depart- 
ment shall  be  required  to  wear  an  appropriate  uniform  and 
badge,  by  which,  in  case  of  fire  and  at  other  times,  their  author- 
ity and  position  in  the  fire  department  may  be  known.  Under 
the  direction  and  with  the  approval  of  the  mayor  and  city  coun- 
cil, he  may  purchase  horses,  steam  engines,  extinguishers,  hose 
carriages,  hook  and  ladder  trucks,  and  all  other  apparatus  and 
supplies  necessary  for  the  complete  equipment  of  the  fire  de- 
partment. The  chief  shall  have  sole  and  entire  command  at 
fires  and  alarms  of  fires,  over  all  officers,  members  and  employes- 
of  the  department,  and  all  apparatus  and  appurtenances  be- 
longing to  the  same;  and  he  shall  take  all  measures  which  he 
shall  deem  expedient  for  the  extinguishment  of  fires,  protection 
of  property,  preservation  of  order,  and  observance  of  the  laws- 
of  the  Territory,  ordinances  of  the  city,  and  rules  and  regula- 
tions of  the  city  council.  It  shall  be  the  duty  of  the  chief  ta 
examine  into  the  condition  of  all  houses,  apparatus  and  appur- 
tenances belonging  to  the  department,  to  inspect  engine,  hose, 
and  hook  and  ladder  companies. 
[February  14,  1888.] 

Assistant  Chiefs  of  Department. 

SEC.  5.  It  shall  be  the  duty  of  the  assistant  chiefs  of  depart- 
ment to  respond  to  all  alarms  of  fire,  and,  in  the  absence  of  the 
chief,  take  sole  charge  at  fires  and  alarms  of  fire;  and  in  case  of 
sickness  or  the  absence  of  the  chief,  the  senior  assistant  chief 
shall  assume  the  same  duties  as  devolve  upon  the  chief. 

[February  14,  1888.] 

Duty  of  the  Captain. 

SEC.  6.  The  captain  of  each  engine  or  hose  company  shall, 
at  fires,  direct  the  placing  of  the  apparatus  in  a  suitable  posi- 
tion to  obtain  water,  and  have  charge  and  direction  of  the  mem- 
bers of  his  company;  he  shall  preserve  order  and  discipline  at 


"208  FIRE   DEPARTMENT. 


all  times  among  the  members  of  the  company  under  him,  and 
require  of  them  and  enforce  a  strict  compliance  with  the  rules 
and  regulations  of  the  department  and  the  orders  of  the  chief. 
He  shall  report  to  the  ehief  any  violation  of  any  of  the  rules 
and  regulations  of  the  department  or  neglect  of  duty  by  any  of 
the  men  under  his  charge.  He  shall  have  sole  care  of  the  en- 
.gine  house  and  all  property  therein  belonging  to  the  city. 
[February  14,  1888.] 

Duty  and  Qualification  of  Engineer. 

SEC.  7.  Each  applicant  for  the  position  of  engineer  shall 
be  a  regular,  practical  engineer,  having  at  least  two  years'  ex- 
perience as  an  engineer;  he  shall  devote  his  entire  time  to  the 
interests  of  the  fire  department,  and  shall  always  be  at  the  en- 
gine house  where  his  engine  is  kept,  except  when  directed  by 
the  chief  to  perform  other  duty,  or  when  at  meals,  or  permitted 
by  the  chief  to  absent  himself;  he  shall  be  held  personally  re- 
sponsible for  the  care  and  order  of  the  engine,  and  shall  work 
and  manage  the  same,  and  see  that  it  is  at  all  times  in  condition 
for  immediate  use;  and  while  working  at  fires  he  shall  not  be 
allowed  to  use  over  eighty  pounds  pressure  of  steam  and  one 
liundred  and  thirty  pounds  pressure  on  hose. 

[February  14,  1888.] 

Duty  of  Stoker. 

SEC.  8.  The  stoker  of  each  company  shall,  under  the  en- 
gineer's direction,  assist  in  the  care  and  cleanliness  of  the  en_ 
gine;  he  shall  see  that  the  engine  is  properly  supplied  with 
fuel,  and  perform  such  other  duties  as  the  engineer  may  direct. 

[February  14,  1888.] 

Duty  of  Permanent  Men. 

SEC.  9.  It  shall  be  the  duty  of  all  permanent  men  employed 
in  the  fire  department  to  devote  their  entire  time  to  the  service 
of  the  department,  and  render  willing  obedience  to  the  direc- 
tions, rules  and  orders  of  the  chief. 

[February  14,  1888.] 


FIRE    DEPARTMENT.  209 


Duty  of  Call  Men. 

SEC.  10.  It  shall  be  the  duty  of  the  call  men  of  each  and 
every  company  of  the  department  to  attend  all  fires  immediately 
upon  the  general  alarm  being  sounded,  and  to  report  to  the  chief 
of  the  fire  department  or  such  officer  as  may  be  in  command  ; 
to  obey  all  orders  in  respect  to  the  discharge  of  their  duties  and 
to  return  to  the  headquarters  of  the  fire  department,  unless  ex- 
cused by  the  officer  in  command.  They  shall  be  required  to 
meet  at  all  regular  meetings  of  the  fire  department  determined 
upon  by  the  chief  ;  and  any  member  of  any  company  who  is 
reported  absent  at  three  or  more  alarms  of  fires  or  drills  in  any 
one  month,  without  giving  a  satisfactory  excuse  to  the  chief, 
shall  be  liable  to  suspension  or  dismissal  from  the  department. 

[February  14,  1888.] 

Substitutes  to  Be  Furnished. 

SEC.  \\.  No  member  of  the  fire  department  shall  leave  the 
city  without  having  procured  a  substitute  satisfactory  to  the 
chief ;  and  members  of  the  department  are  strictly  prohibited 
from  exchanging  or  loaning  badges. 

[February  14,  1888.] 

The  Chief  Hay  Suspend  or  IHsniiss. 

SEC.  12.  Any  officer  or  member  of  the  department  who  is 
addicted  to  the  habitual  use  of  intoxicants,  or  who  shal1  use 
profane,  immoral,  or  indecent  language,  or  who  shall  be  intoxi- 
cated in  or  about  any  of  the  department  houses,  or  at  a  fire, 
shall  be  suspended  or  dismissed  from  the  department,  at  the 
option  of  the  chief. 

[February  14,  1888.] 

Conduct  at  Fires. 

SEC.  13.  Prompt,  quiet  obedience  must  be  given  to  all 
orders  from  officers,  and  no  disputing  shall  be  allowed  while  on 
duty.  In  going  to,  while  at,  or  returning  from  fires,  all  unneces- 
sary noise  shall  be  avoided,  and  a  civil  demeanor  shall  always 
be  preserved  to  citizens,  but  no  orders  shall  be  taken  from  them. 

[February  14,  1888.] 


210  FIEE   DEPARTMENT. 


Damage  to  Be  Reported  to  Chief. 

SEC.  14.  If,  by  accident  or  otherwise,  the  property  of  any 
person  in  the  city  is  damaged  by  any  company,  it  shall  be  the 
duty  of  the  captain  of  the  company  causing  the  damage  to  re- 
port the  same  immediately  to  the  chief. 

[February  14,  1888.] 

Carelessness  of  Drivers. 

SEC.  15.  Drivers  will  be  held  responsible  for  any  damage 
caused  by  them  through  carelessness  displayed  in  conveying 
their  apparatus  to  or  from  a  fire  or  fire  alarm. 

[February  14,  1888.] 

When  Property  Ma.v  Be  Torn  Down. 

SEC.  16.  When  a  fire  is  in  progress  the  chief  of  depart- 
ment, or  in  his  absence,  the  assistant  chief  of  department,  may 
(with  the  advice  of  the  mayor  of  the  city,  or  in  case  the  mayor 
is  not  present,  and  in  his  judgment  he  may  deem  it  necessary) 
order  any  telegraph,  telephone,  electric  light  or  street  railway 
wire,  or  poles  of  either  in  close  proximity  thereto,  to  be  cut, 
torn  down  or  otherwise  disposed  of,  and  may  also  order  any 
building  or  buildings  in  close  proximity  thereto  to  be  torn 
down,  blown  up,  or  otherwise  disposed  of,  for  the  purpose  of 
checking  the  conflagration,  but  neither  the  chief  of  the  depart- 
ment or  any  other  officer  or  member  of  the  fire  department  shall 
unnecessarily  or  recklessly  destroy  or  injure  any  building  or 
other  property. 

[April  29,  1890.] 

Record  to  Be  Kept. 

SEC.  17.  The  chief,  or,  in  his  absence,  his  assistant  in 
charge  at  any  fire,  shall,  after  it  is  extinguished,  make  a  prompt 
and  thorough  investigation  of  the  cause  of  such  fire,  the  amount 
of  loss  and  insurance,  time  of  breaking  out,  description  of 
building  and  all  other  necessary  particulars,  and  record  the 
same  in  the  record  book  kept  for  that  purpose  in  the  office  of 
the  department. 

[February  14,  1888.] 


FIRE   DEPARTMENT.  211 


Quarterly  Report— Aiinnal    Report. 

SEC.  18.  The  chief  shall  make  to  the  city  council  a  quar- 
terly report  of  the  location  and  of  the  number  of  fires  and  fire 
alarms  that  have  occurred  in  the  preceding  quarter,  the  causes 
of  such  fires,  the  value  of  property  destroyed  thereby,  and  the 
amount  of  insurance  thereon;  and  he  shall,  in  January  of  each 
year,  submit  a  brief  summary  of  matters  of  interest  concerning, 
his  department. 

[February  14,  1888.] 

Right  of  Way— Penalty  for  Interfering. 

SEC.  19.  Whenever  an  .alarm  of  fire  is  given,  all  persons' 
occupying  the  public  streets  with  wagons,  teams  or  vehicles  of 
any  description,  between  the  fire  department  houses  and  the 
location  of  the  fire,  shall  yield  the  right  of  way  on  such  streets 
to  the  fire  companies  and  the  movable  apparatus  of  the  depart- 
ment when  going  to  such  fire.  Whoever  obstructs,  hinders  or 
interferes  with  any  fireman  while  in  the  discharge  of  his  duty, 
or  drives  over  any  hose  or  otherwise  intentionally  injures  any 
of  the  .apparatus  or  instruments  used  for  extinguishing  fires,, 
shall  be  punished  by  fine  not  exceeding  one  hundred  dollars. 

[February  14,  1888,] 

Electric  Fire-Alariu  Roxes. 

SEC.  20.  It  shall  be  unlawful  for  any  person  to  break,, 
destroy  or  in  any  manner  to  interfere  with  any  electric  fire- 
alarm  box,  fire-alarm  register-box,  or  any  wire,  pole  or  apparatus 
connected  therewith,  or  to  send  any  false  alarm  from,  through: 
or  over  any  such  box  or  apparatus.  Every  person  violating  anjr 
of  the  provisions  of  this  section  shall,  upon  conviction,  be  liable 
for  each  offense  to  a  fine  in  any  sum  less  than  one  hundred 
dollars. 

[February  11,  1890.] 

V 

Fire    Limit*. 

SECTION  21.  The  following  are  hereby  established  as  the- 
fire  limits  of  Salt  Lake  City,  to-wit:  Commencing  at  the- 
northwest  corner  of  Third  East  and  Fourth  South  streets,. 


212  FIRE    DEPAKTMENT. 


thence  running  west  along  the  north  side  of  Fourth  South 
street,  to  a  point  one  hundred  and  sixty-five  (165)  feet  west  of 
^the  west  line  of  Fifth  West  street;  thence  north  through  blocks 
36,  37,  48,  49  and  60,  plat  "C,"  parallel  to  and  one  hundred  and 
sixty-five  (165)  feet  west  of  their  east  boundary  line,  to  the 
south  line  of  North  Temple  street;  thence  east  along  the  south 
line  of  North  Temple  street  to  the  west  line  of  State  street; 
thence  south  along  the  west  line  of  State  street  to  the  south 
line  of  South  Temple  street;  thence  east  along  the  south  line  of 
.'South  Temple  street  to  the  west  line  of  Third  East  street; 
thence  south  along  the  west  line  of  Third  East  street  to  the 
northwest  corner  of  Third  East  and  Fourth  South  streets,  the 
place  of  beginning. 

Said  fire  limits  including  all  of  blocks  forty-six  (46)  to  eighty- 
eight  (88),  both  inclusive,  in  plat  "A";  the  east  one-quarter 
(^)  of  blocks  thirty-six  (36),  thirty-seven  (37),  forty-eight  (48), 
forty-nine  (49)  and  sixty  (60),  plat  "0". 

[October  5,  1886;  February  14,  1888;  April  29,  1890;  Au- 
gust 12,  1890;  May  9,  1892.] 

Unlawful  to  Store  Combustibles. 

SEC.  22.  It  shall  be  unlawful  for  any  person  or  persons  to 
keep,  store,  pile  or  erect,  maintain  or  permit,  upon  any  premises 
owned,  occupied  by  or  under  the  control  of  him  or  them,  within 
the  fire  limits  of  this  city,  any  inflammable  or  combustible 
material,  such  as  hay,  straw,  shavings,  rags,  wool,  lumber,  dry 
goods  boxes,  barrels  or  other  substance,  in  such  a  manner  as  to 
endanger  the  safety  of  any  building  or  structure  within  said  fire 
limits. 

[July  8,  1890.] 

\ 
How  Persons  to  Be  Notified— Penalties. 

SEC.  23.  It  shall  be  the  duty  of  the  chief  of  the  fire  de- 
partment to  notify  any  person  or  persons  who  shall  violate  any 
of  the  provisions  of  the  foregoing  section,  to  remove  or  dispose 
of  such  combustible  or  inflammable  material  in  such  a  manner 
that  the  same  will  not  endanger  the  safety  of  any  structure  or 
building,  and  any  person  or  persons  who  shall,  for  the  space  of 


FIRE    DEPARTMENT.  213 


three  days  after  such  notice,  permit  such  combustible  or  in- 
flammable material  to  remain  upon  premises  owned,  occupied  by 
or  under  his,  her  or  their  control,  in  such  manner  as  to  be  dan- 
gerous to  the  safety  of  any  adjacent  building  or  structure,  shall, 
upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars,  or  be  imprisoned  not  less  than  ten  days,  and 
shall  be  guilty  of  a  like  offense  and  subject  to  a  like  fine  or  im- 
prisonment for  each  twenty-four  hours  that  suoh  combustible  or 
inflammable  material  is  permitted  to  remain  upon  such  premises 
so  as  to  endanger  the  safety  of  buildings  or  structures  as  afore- 
said. 

[July  8,  1890.] 

\o  Haystack  Within  Sixty  Feet. 

SEC.  24.  It  shall  be  unlawful  for  any  person  to  put  any 
hay,  straw  or  other  combustible  material  in  stack  or  pile,  with- 
out having  the  same  enclosed  or  secured,  to  protect  it  from  fly- 
ing sparks  of  fire,  within  sixty  feet  of  any  building  in  which  fire 
is  kept,  situated  within  that  part  of  Salt  Lake  City  bounded  on 
the  north  by  Seventh  North  street,  on  the  east  by  the  west  line 
of  the  military  reservation,  on  the  west  by  Sixth  West  street, 
and  on  the  south  by  Ninth  South  street.  Any  person  violating 
the  provisions  of  this  section  shall  be  deemed  guilty  of  a  mis- 
demeanor, and,  on  conviction  thereof,  shall  be  fined  in  any  sum 
not  less  than  ten  dollars  nor  more  than  one  hundred  dollars  for 
each  offense,  and  a  like  amount  for  every  day  the  same  shall  re- 
main after  notice  to  remove  the  same  by  the  chief  of  the  fire 
department. 

[August  5,  1890.] 

Use  of  Lighted  Candle  Near  Hay  Prohibited . 

SEC.  25.  No  owner  or  occupant  of  a  livery  or  other  stable, 
or  any  other  person,  shall  use  therein,  or  in  any  other  place  con- 
taining hay,  straw  or  other  combustible  matters,  any  lighted 
candle  or  other  movable  light,  except  when  the  same  be  kept 
safely  enclosed  in  a  lantern  or  other  suitable  covering  to  protect 
the  same. 

[November  30,  1875.] 


214  FIEE    DEPARTMENT. 


Smoking  Meat,  etc.,  How  to  Be  Done. 

SEC.  26.  It  shall  be  unlawful,  within  said  fire  limits,  to 
smoke  meat,  boil  pitch,  tar,  rosin,  turpentine  or  varnish  in  any 
room  or  place,  except  the  same  be  fireproof. 

[November  30,  1875.] 

Burning  of  Hay  or  Knbbish. 

SEC.  27.  It  shall  be  unlawful  for  any  person  to  burn  in 
the  open  air  any  hay,  straw,  or  any  other  rubbish  or  substance, 
within  the  limits  of  Salt  Lake  City,  except  between  the  hours  of 
6  o'clock  in  the  morning  and.  12  o'clock  at  noon.  Any  person 
violating  the  provisions  of  this  section  shall  be  deemed  guilty  of 
a  misdemeanor,  and  upon  conviction  shall  be  fined  in  any  sum 
not  exceeding  ten  dollars  for  each  offense. 

[July  29,  1890.] 

Penalty. 

SEC.  28.  The  violation  of  any  provision  of  this  chapter,  not 
herein  provided  for,  shall  subject  the  offender  to  a  fine  in  any 
sum  not  to  exceed  one  hundred  dollars. 


FOOD   AND   DRINK    (UNWHOLESOME).  215 


CHAPTER    XVIII. 


FOOD  AND  DRINK  (UNWHOLESOME). 

Sale  of  Unwholesome  Food  Prohibited. 

SECTION  1.  No  meat,  fish,  birds,  fowl  or  vegetables,  not 
being  then  healthy,  fresh,  sound,  wholesome  and  safe  for  human 
food,  nor  any  meat  or  fish  that  died  by  disease  or  accident,  shall 
be  brought  within  said  city,  or  offered  or  held  for  sale  in  any 
public  or  private  market  as  such  food  anywhere  in  said  city. 

[September  30,  1892.] 

Calf,  Pig  or  Lamb. 

SEC.  2.  That  no  calf,  pig  or  lamb,  or  the  meat  thereof, 
shall  be  brought,  held  or  offered  for  sale  as  such  food  in  Salt 
Lake  City  which  at  the  date  of  its  death,  being  a  calf,  less  than 
four  weeks  old,  or  being  a  pig,  was  when,  killed  less  than  five 
weeks  old,  or  being  a  lamb,  was  when  killed  less  than  eight 
weeks  old. 

[September  30,  1892.] 

Diseased  Cattle. 

SEC.  3.  That  no  cattle  shall  be  killed  for  human  food  while 
in  an  overheated,  feverish  or  diseased  condition,  and  all  such 
diseased  cattle  in  the  city  of  Salt  Lake  and  the  place  where 
found,  and  their  disease,  shall  be  at  once  reported  to  the  com- 
missioner of  health  by  the  owner  or  custodian  thereof,  that  the 
proper  order  may  be  made  relative  thereto. 

[September  30,  1892.] 

Deleterious  Food  or  Drink. 

SEC.  4.  That  no  person,  being  the  manager  or  keeper  of 
any  saloon,  boarding-house  or  lodging-house,  or  being  employed 


216  FOOD   AND   DRINK    (UNWHOLESOME). 

as  a  clerk,  servant  or  agent  thereat,  shall  therein   or   thereat, 
offer  or  have  for  food  or  drink,  or  to  be  eaten  or  drank,  any  del- 
eterious or  unwholesome  substance,  nor  allow  anything  therein 
to  be  done  prejudicial  to  health. 
[September  30,  1892.] 

Pntrid  Heat,  Fish,  Bird  or  Fowl. 

SEC.  5.  That  no  cased,  blown,  plated,  raised,  stuffed, 
putrid,  impure,  or  unwholesome  meat  or  fish,  bird  or  fowl  shall 
be  held,  bought  for  food  or  sold,  or  offered  for  sale  for  human 
food,  or  held  or  kept  in  any  market,  public  or  private,  or  in  any 
public  place  in  said  Salt  Lake  City. 

[September  30,  1892.] 

Stalls  to  Be  Kept  Clean. 

SEC.  6.  That  any  person  being  the  owner,  lessee  or  occu- 
pant of  any  room,  stall  or  place  where  any  meat,  fish  or  vege- 
tables designed  or  held  for  human  food  shall  be  stored  or  kept, 
or  shall  be  held  or  offered  for  sale,  shall  put  and  keep  such 
room,  stall  and  place  and  its  appurtenances  in  a  clean  and 
wholesome  condition. 

[September  30,  1892.] 

Putrid  Meat,  etc.,  to  Be  Confiscated. 

SEC.  7.  If  any  person  shall  expose  for  sale  in  any  market, 
house  or  elsewhere  in  said  city,  any  emaciated,  tainted  or  putrid 
meat  or  provisions,  which  from  those  or  other  causes  may  be 
deemed  unwholesome,  each  person  shall  upon  conviction  be 
fined  as  provided  in  this  ordinance,  and  it  shall  be  the  duty  of 
the  inspector  or  health  officer  to  forthwith  seize  and  confiscate 
all  such  meat  and  provisions. 

[September  30,  1892.] 

Milk,  Butter  and  Cheese. 

SEC.  8.  That  no  person  shall  have  at  any  place  where 
milk,  butter  or  cheese  is  kept  for  sale,  nor  shall  at  any  place 
sell  or  deliver,  or  offer  or  have  for  sale,  or  keep  for  use,  nor 
shall  any  person  bring  or  send  to  said  city,  any  unwholesome, 
skimmed,  watered  or  adulterated  milk,  or  milk  known  as  swill 


FOOD   AND   DRINK    (UNWHOLESOME).  217 

milk,  or  milk  from  cows  or  other  animals  which  for  the  most 
have  been  kept  in  stables,  or  have  been  fed  on  swill;  or  milk 
from  sick  or  diseased  cows  or  other  animals,  or  any  butter  or 
cheese  made  from  any  such  milk;  nor  any  unwholesome  butter 
or  cheese. 

[September  30,  1892.] 

Water  for  Drinking  Purposes. 

SEC.  9.  That  no  person  shall  allow  to  run  or  pass  into  any 
water  pipe,  any  animal,  vegetable  or  mineral  substance  what- 
ever, nor  shall  any  person  do  or  permit  to  be  done,  having  the 
right  or  power  to  prevent  the  same,  any  act  or  thing  that  will 
imperil  the  purity  or  wholesomeness  of  any  water  or  other  fluid 
to  be  used  or  designed  as  a  drink  in  any  part  of  said  city. 

[September  30,  1892.] 

How  Cattle  to  Be  Kept. 

SEC.  10.  That  no  cattle  shall  be  kept  in  any  place  of  which 
the  water,  ventilation  and  food  are  not  sufficient  and  whole- 
some for  the  preservation  of  their  health,  safe  condition  and 
wholesomeness  of  food. 

[September  30,  1892.] 

How  Cattle  to  Be  Transported. 

SEC.  11.  That  no  cattle  shall  be  placed  or  carried  while 
bound,  or  tied  by  their  legs,  or  bound  down  by  the  neck,  in  any 
vehicle  in  this  city,  but  shall  be  allowed  freely  to  stand  in  such 
vehicle  when  transported  and  while  being  therein. 

[September  30,  1892.] 

Slaughtering  and  Keeping  of"  Cattle,  etc. 

SEC.  12.  That  the  keeping  and  slaughtering  of  all  cattler 
and  the  preparation  and  keeping  of  all  meat  and  fish,  birds  and 
fowl,  shall  be  in  that  manner  which  is,  or  is  generally  reputed 
or  known  to  be  best  adapted  to  secure  and  continue  their  safety 
and  wholesomeness  of  food.  The  slaughtering  of  cattle  shall 
not  be  permitted  or  conducted  at  any  place  in  the  city  of  Salt 
Lake,  without  a  special  permit  from  the  city  council. 

[September  30,  1892.] 


218  FOOD   AND   DRINK    (UNWHOLESOME). 

Permit  to  Sell  Milk. 

SEC.  13.  No  person  shall  bring  or  send  into  the  city  for 
sale,  or  offer  for  sale  any  milk  without  a  permit  to  do  so  from 
the  health  department,  such  permit  to  be  furnished  gratuitously 
by  the  said  department,  on  condition  that  none  but  pure,  undi- 
luted milk  is  sold  within  the  city  limits,  subject  to  the  approval 
of  the  milk  inspector  or  health  officer. 

[September  30,  1892.] 

quality  of  Milk. 

SEC.  14.     All  milk  offered  for  sale  in  this  city,   unless  sold 
as  an  inferior  article  and  plainly  marked  as  such,  must  be  of 
the  following  parts:     (Solid)  fat,  3  per  cent.;  solids,  not  fat,  9 
per  cent.;  ash,  .68  per  cent.;  total  solids,  12  per  cent. 
'  [September  30,  1892.] 

How  Milk  Wagons  to  Be  Marked. 

SEC.  15.  All  milk  wagons  shall  have  the  name  of  the 
owner,  the  number  of  the  permit  and  the  location  of  the  dairy 
printed  thereon  plainly  and  legibly. 

[September  30,  1892.] 

Penalty  for  Violation. 

SEC.  16.  Any  person  who  violates,  disobeys,  omits,  neglects 
or  refuses  to  comply  with  any  of  the  sections  of  this  ordinance, 
or  resists  any  of  the  officers  employed  in  the  enforcement  of 
this  ordinance,  shall,  upon  conviction,  be  fined  in  a  sum  not  less 
than  $5  nor  more  than  $100. 

[September  80,  1892.]  ' 


GARBAGE.  219 


CHAPTER    XIX. 


GABBAGE. 

Two  Garbage  Districts  Established. 

SECTION  1.  There  shall  be  established  within  the  limits  of 
Salt  Lake  City,  two  garbage  districts,  said  districts  to  be  known 
and  designated  as  Garbage  District  Number  One  (1)  and  Gar- 
bage District  Number  Two  (2). 

[September  20,  1892.] 

Garbage  District  Number  One. 

SEC.  2.  Garbage  district  No.  1  shall  be  within  that  portion 
of  the  limits  of  Salt  Lake  City  bounded  and  described  as  fol- 
lows, to- wit:  Beginning  at  the  northeast  corner  of  the  intersec- 
tion of  South  Temple  street  and  First  West  street,  and  running 
thence  due  east  along  both  sides  of  South  Temple  street  to  a 
point  midway  between  First  East  (State)  street  and  Second 
East  street,  and  running  thence  due  south  along  an  imaginary 
line  drawn  through  the  center  of  blocks  74,  71  and  56,  plat  A, 
Salt  Lake  City  survey,  to  a  point  in  the  center  of  block  53,  said 
plat  and  survey,  and  running  thence  due  west  along  an  imagin- 
ary line  drawn  through  the  center  of  blocks  53,  52,  51  and  50, 
said  plat  and  survey,  to  the  east  side  of  First  West  street,  and 
running  thence  due  north  along  said  east  side  of  First  West 
street  to  the  place  of  beginning. 

[September  20,  1892.] 

Garbage  District  Number  Two. 

SEC.  3.  Garbage  district  number  two  (2)  shall  be  within 
that  portion  of  Salt  Lake  City  outside  of  the  limits  of  garbage 
district  number  one  (1),  bounded  and  described  as  follows, 
to-wit:  Bounded  on  the  north  by  Eighth  North  street,  and  on 


220  GARBAGE. 


the  northern  boundary  of  the  city,  on  the  east  by  the  reserva- 
tion line,  on  the  south  by  Ninth  South  street,  and  011  the  west 
by  Tenth  West  street. 

[September  20,  1892.] 

Metallic  Vessels  for  Ashes  and  Rubbish. 

SEC.  4.  It  shall  be  the  duty  of  every  owner,  agent  or  occu- 
pant of  any  and  every  building  or  place  of  business,  within  the 
business  garbage  district,  described  in  section  2  of  this  ordi- 
nance, to  provide  or  cause  to  be  provided  and  kept  within  such 
building  or  place  of  business,  a  metallic  vessel,  with  handles, 
for  receiving  and  holding  all  ashes,  sweepings  and  other  non- 
combustible  rubbish  that  may  accumulate  on  said  premises. 
That  said  receptacles  shall  be  emptied  promptly  when  filled, 
and  shall  be  placed  in  a  position  easily  accessible  to  the  scav- 
enger. 

[September  20,  1892.] 

Receptacles  for  Liquid  Refuse,  etc. 

SEC.  5.  A  separate  and  suitable  vessel  shall  be  provided 
for  garbage  and  liquid  refuse;  said  vessel  to  be  free  from  leak- 
age and  provided  with  handles.  All  receptacles  for  garbage 
and  liquid  refuse  shall  be  placed  in  a  position  easily  accessible 
to  the  scavenger,  and  emptied  daily.  When  placed  in  front  of 
the  premises  they  shall  be  deposited  before  the  hour  of  8  a.  m., 
and  removed  as  soon  as  emptied. 

[September  20,  1892.] 

Vessels  for  Residence  Garbage  District. 

SEC.  6.  Within  the  residence  garbage  district,  described 
in  section  3  of  this  ordinance,  and  outside  of  said  business  gar- 
bage district,  there  shall  be  provided  and  kept  by  the  owner, 
agent  or  occupant  of  any  and  every  building  a  suitable  vessel, 
free  from  leakage,  in  which  shall  be  placed  all  garbage  and 
liquid  refuse  that  accumulate  in  said  building  or  on  the  prem- 
ises. Said  receptacle  shall  be  emptied  not  less  than  once  dur- 
ing each  week  in  spring,  summer  and  fall,  and  not  less  than 
once  in  two  weeks  in  winter,  in  each  case  oftener  if  so  directed 
by  the  health  department. 

[September  20,  1892.] 


GARBAGE.  221 


Xo  Jlixture  Allowed. 

SEC.  7.  Within  the  garbage,  district  described  in  sections 
1  and  2  of  this  ordinance,  ashes  and  non-combustible  rubbish 
shall  not  be  deposited  in  the  same  vessel  or  receptacle  with 
garbage  or  liquid  substances. 

[September  20,  1892.] 

House  Slop*.  Rubbish,  etc. 

SEC.  8.  No  house  slops,  rubbish,  ashes,  or  garbage  shall  be 
deposited  within  the  garbage  districts  described  in  sections  2 
and  3,  this  ordinance,  except  as  herein  provided  for. 

[September  20,  1892.] 

Gutters  and  Ditches  to  Be  Kept  Clean. 

SEC.'  9.  It  shall  be  unlawful  for  any  person  or  persons  to 
sweep  or  deposit  any  paper  or  other  rubbish  in  any  gutters  or 
ditches  as  within  the  garbage  districts,  or  to  empty  into  said 
gutters  or  ditches  any  house  slops  or  the  contents  of  spittoons . 

[September  20,  1892.] 

Sidewalks  to  Be  Swept. 

SEC.  10.     All  sidewalks  in  front  of  places  of  business  shall 
be  swept  before  the  hour  of  8  a.  m.,  Sundays  excepted. 
[September  20,  1892.] 

Manure  Accumulations. 

SEC.  11.  No  manure  shall  be  allowed  to  accumulate  in  or 
on  any  premises  within  the  garbage  districts  described  in  sec- 
tions 2  and  3  of  this  ordinance,  to  any  quantity  greater  than  two 
cubic  yards,  and  shall  be  removed  as  provided  in  the  ordinance. 

[September  20, 1892.] 

Xightsoil. 

SEC.  12.  No  nightsoil  shall  be  deposited  or  buried  in  or 
on  any  premises  within  the  garbage  districts  described  in  sec- 
tions two  and  three  of  this  ordinance. 

[September  20,  1892.]    , 


222  GARBAGE. 


How  Garbage,  Manure,  etc.,  Shall  Be  Moved. 

SEC.  13.  All  garbage,  manure,  nightsoil,  ashes  and  other 
refuse  and  offal  shall  be  moved  to  a  place  directed  by  the  health 
department,  provided  that  all  carts  and  vehicles  for  carrying 
any  nauseous  or  offensive  substances,  shall  be  strong  and  tight,, 
and  that  the  sides  shall  be  made  so  high  above  the  load  or  con- 
tents that  no  part  of  such  contents  shall  fall,  leak  or  spill  there- 
from, and  either  the  vehicle  or  vessel  carried  by  it  shall  be  so- 
covered  as  to  be  inoffensive.  Provided  further,  that  no  part  of 
the  contents  of  any  privy  vault  or  cesspool,  except  substances 
other  than  excrement,  shall  be  removed  therefrom,  nor  shall  the 
same  be  transported  through  any  of  the  streets  of  Salt  Lake 
City,  except  by  means  of  an  air-tight  vessel  or  in  such  manner 
as  shall  prevent  entirely  the  escape  of  any  noxious  or  offensive 
odors  therefrom.  All  dead  animals  shall  be  removed  in  such  a 
manner  that  they  shall  be  covered  from  view  during  the  process 
of  removal. 

[September  20,  1892.] 

Expense  of  Removal . 

SEC.  14.  The  removal  of  all  garbage  and  ashes  from 
places  of  business  in  garbage  district  No.  1,  shall  be  at  the  ex- 
pense of  the  city.  The  removal  of  ashes,  garbage,  manure, 
nightsoil  and  other  refuse  matter  within  garbage  district  No.  2,. 
described  in  section  3,  of  this  ordinance,  and  outside  of  No. 
1,  shall  be  at  the  expense  of  the  owner,  agent  or  occupant. 

[September  20,  1892.] 

Privy  Vault-  and  Cesspools. 

SEC.  15.  All  privy  vaults  and  cesspools  on  property  abut- 
ting the  sewer  system  embraced  within  the  limits  of  sewer 
district  No.  1,  shall  be  removed,  filled  up  and  connections  made 
with  sewer  system. 

[September  20,  1892.] 

Permit  for  Emptying  Vaolt,  etc. 

SEC.  16.  No  person  shall  empty  or  attempt  to  empty  any 
vault,  privy,  sink  or  cesspool  within  the  garbage  districts,  except 


GARBAGE.  223 


pursuant  to  a  permit  therefor  received  from  the  board  of  health; 
Provided,  that  such  permit  be  issued  to  any  applicant  provided 
with  the  proper  vehicle  for  removing  the  same. 
[September  20,  1892.] 

Permits  for  Hauling  Garbage  Necessary.  ' 

SEC.  17.  It  shall  be  unlawful  and  a  misdemeanor  for  any 
person  or  persons  other  than  persons,  companies  or  corporations 
holding  a  permit  from  the  health  department,  to  engage  in  the 
business  of  hauling  garbage,  manure  or  other  refuse;  Provided, 
that  this  condition  does  not  apply  to  persons  hauling  their  own 
garbage  with  their  own  teams. 

[September  20,  1892.] 

How  Scavenger  Wagon  to  Be  Marked. 

SEC.  18.  All  persons  engaged  in  the  removal  of  garbage,, 
manure  or  other  offensive  refuse,  shall  have  the  word  "Scaven- 
ger" and  the  number  of  the  permit  in  large  white  letters  on 
black  ground  plainly  painted  or  attached  on  each  side  of  the 
wagon-bed. 

[September  20,  1892'.] 

Penalty  for  Spilling  Garbage  on  Streets. 

SEC.  19.  Any  person  engaged  in  hauling  garbage,  rubbish 
or  decaying  matter  of  any  kind  through  the  streets  of  the  cityr 
from  the  overloading  of  any  wagon,  cart  or  vehicle,  or  through 
carelessness  or  negligence  allows  or  causes  any  of  said  matter 
to  fall  and  remain  in  the  streets  of  the  city,  shall,  upon  con- 
viction, be  fined  as  provided  in  section  twenty-one  (21)  of  thi& 
ordinance. 

[September  20,  1892.] 

Fees  for  Removing  Garbage,  etc. 

SEC.  20.  All  persons,  companies  or  corporations  holding^ 
permits  shall  be  entitled  to  charge  and  collect  not  to  exceed  the 
following  fees  for  the  removal  of  garbage  and  refuse  matter  as 
contemplated  in  this  ordinance,  to-wit:  For  all  portions  of 
garbage  district  No.  2,  as  follows: 


224  GAKBAGE. 


For  each  two  cubic  yards  of  manure,  75  cents. 

For  each  barrel  of  refuse  (not  more  than  thirty  gallons), 
25  cents. 

For  vessels  of  less  capacity  than  thirty  gallons,  for  each 
ten  gallons,  15  cents. 

For  ashes*  per  load,  75  cents. 

For  each  load  of  refuse,  75  cents 

For  quantities  less  than  one  load,  shall  charge  for  each 
bushel  thereof,  10  cents. 

[September  20,  1892.] 

Penalties    for  Violation. 

SEC.  21.  Any  person  or  persons  failing  to  comply  with,  or 
who  violate  any  of  the  provisions  of  the  foregoing  sections  of 
this  chapter,  shall  be  fined  in  any  sum  not  less  than  five  ($5)  dol- 
lars nor  more  than  fifty  ($50)  dollars,  and  shall,  in  addition  to 
such  punishment,  be  fined  in  the  further  sum  of  five  ($5)  dol- 
lars for  every  twenty-four  hours  of  failure  or  refusal  to  comply 
with  said  ordinance. 

[September  20,  1892.] 


GAS,   NATURAL   GAS   AND    ELECTRIC   LIGHTS.  225 


CHAPTER  XX. 


GAS  OEDINANCES*— GAS,  NATUEAL  GAS  AND  ELEC- 
TED LIGHTS— LOCATION  OF  GAS  WOEKS. 


RKNOLUTIOK 

APPROVING     THE    LOCATION     OF    THE     SALT   LAKE   CITY   GAS   COM- 
PANY'S  WORKS,    AND   FOR   OTHER    PURPOSES. 


Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City: 
That  the  location  of  the  Salt  Lake  City  Gas  Company's  works, 
on  lot  one  (1),  in  block  eighty-two  (82),  plat  A,  Salt  Lake  City 
survey,  be,  and  the  same  is,  hereby  approved. 

Be  it  further  resolved,  that  the  Salt  Lake  City  Gas 
Company  have  the  privilege  of  constructing  a  railroad  siding 
from  said  gas  works,  on  lot  one  (1),  block  eighty-two  (82),  plat 
A,  Salt  Lake  City  survey,  on  or  across  Fourth  West  street,  upon 
a  practicable  curve,  to  connect,  as  short  as  possible,  with  the 
Utah  Central  railroad. 

And  be  it  further  resolved,  that  the  said  Salt  Lake  City 
Gas  Company  be,  and  are,  hereby  granted  the  right  to  control 
and  use  the  water  issuing  from  a  spring  near  the  northwest 
corner  of  block  eighty-three  (83),  plat  A,  Salt  Lake  City  survey, 
with  the  privilege  of  conducting  the  same  (in  pipes  or  other- 
wise )  across  Fourth  West  street,  to  the  aforesaid  Salt  Lake  City 

*  March  8,  1872,  the  first  ordinance  was  passed  relating  to  the  mRnuf  icture  and  distri- 
bution of  gas  by  the  Salt  Lake  City  Gas  company. 

March  30, 1872,  an  agreement  was  entered  into  between  the  city  and  the  said  gas  com- 
pany. 

September  16,  1873,  the  ordinance  of  March  8,  1872,  was  amended. 

•  January  18,  1876,  an  ordinance  was  passed  authorizing  the  purchase  of  sufficient  of  the 
capital  stock  of  the  Salt  Lake  City  Gas  company  to  cancel  their  indebtedness  to  Salt  Lake 
City. 

15 


226  GAS,    NATUBAL   GAS   AND   ELECTEIC   LIGHTS. 

Company's  gas  works;  Provided,  that  these  grants  shall  continue 
in  force  during  the  existence  of  the  present  charter  of  the  Salt 
Lake  City  Gas  Company. 
[February  18,  1873.] 


A,  RESOLUTION 

GRANTING    CERTAIN     PRIVILEGES     TO    THE    SALT    LAKE    CITY   GA» 

COMPANY. 


Franchise  for  Twenty-five  Years  to  Salt  Lake  City  Gas- 
Company. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City  :  That  the  Salt  Lake  City  Gas  Company,  a  corpora- 
tion existing  under  the  laws  of  the  Territory  of  Utah,  its  suc- 
cessors and  assigns,  be  and  it  is  hereby  vested  with  the  right 
and  privilege  of  using  the  streets,  lanes  and  alleys  of  Salt  Lake 
City  for  the  purposes  of  conveying  gas  to  the  users  thereof,  by 
means  of  suitable  pipes  laid  or  to  be  laid  below  the  surface  of 
the  ground  in  said  city,  for  the  term  of  twenty-five  (25)  years 
from  and  after  the  passage  of  this  resolution  ;  Provided,  the 
Salt  Lake  City  Gas  Company,  during  the  period  aforesaid,  shall 
furnish  gas  to  the  citizens  of  said  city  at  a  price  not  exceeding 
$3  per  thousand  cubic  feet,  and  to  said  city  for  a  price  not  to 
exceed  $2.50  per  thousand  cubic  feet,  and  shall  supply  the  street 
lamps  of  said  city  with  six-feet  burners  and  gas  at  a  price  not 
to  exceed  $35  per  annum  for  each  lamp,  which  amount  shall  in- 
clude the  lighting,  extinguishing,  cleaning  and  keeping  said 
lamps  in  proper  order  and  repair — the  city  paying  for  all  neces- 
sary service  pipes  from  the  mains  to  the  city  lamp  posts.  The 
quality  of  illuminating  gas  furnished  by  said  company  to  be  not 
less  than  sixteen  candle  power,  and  the  same  to  be  subject, 
from  time  to  time,  under  the  direction  of  the  city  council,  to 
such  test  as  shall  determine  its  quality  ;  the  gas  to  be  furnished 
in  such  quantity  as  the  council  may  require  for  public  lamps 
and  for  public  use,  and  as  shall  be  sufficient  to  meet  the  reason- 
able demands  of  the  citizens  of  said  city  ;  and  the  pipes  shall  be 


GAS,   NATURAL  GAS   AND   ELECTRIC   LIGHTS.  227 

extended  and  such  gas  distributed  on  any  and  all  streets  in  the 
city  as  fast  as  there  may  be  any  reasonable  demand  for  the 
same  on  such  streets. 

SEC.  2.  The  said  Salt  Lake  City  Gas  Company  shall  file 
with  the  city  recorder  a  plot,  showing  the  location  of  all  the 
main  gas  pipes  laid  within  the  city  by  said  company,  who  shall 
have  the  right  during  the  term  aforesaid  to  dig  and  open\ 
trenches  from  the  surface  of  the  ground  down  to  said  main  gas 
pipes,  for  the  purpose  of  maintaining  them  in  good  order  and 
repair ;  and  to  enable  said  company  to  have  access  to  said  main 
gas  pipes  ;  no  railroad  track  or  ties,  or  any  part  thereof,  or  any 
like  obstruction,  shall  be  laid  over  said  gas  mains,  or  nearer 
than  one  foot  in  the  clear  from  the  bell  joints  of  said  gas  mains, 
when  measured  by  a  vertical  line,  except  where  it  is  necessary 
for  a  railroad  to  cross  said  gas  mains.  And  no  gas  pipes  shall 
be  laid  nearer  than  four  feet  to  any  water  main  or  service  pipe, 
except  where  the  pipes  cross  each  other,  nor  shall  any  such  gas 
pipes  interfere  with  any  future  sewerage  or  other  public  im- 
provements in  said  streets,  lanes  and  alleys,  but  said  company 
shall  have  the  right  to  extend  said  pipes  and  box  the  same  across 
any  and  all  sewers,  subject  to  the  limitations  aforesaid. 

SEC  .  3.  All  streets,  lanes  and  alleys  opened  for  the  afore- 
said purposes  shall  be  repaired  by  the  said  company  to  the  sat- 
isfaction of  said  city  council,  within  a  reasonable  time,  and  said 
streets,  lanes  and  alleys  shall  not  be  unnecessarily  obstructed  at 
any  time  ;  all  excavations  for  gas  pipes  shall  be  made  under  the 
direction  of  the  supervisor  of  streets,  and  the  said  gas  company 
shall,  at  all  times,  be  controlled  and  governed  by  the  ordinances- 
of  the  city  then  in  force  relating  to  tbe  manner  of  laying  dis- 
tributing pipes,  and  of  making  and  guarding  excavations 
therefor. 

SEC.  4.  Said  Salt  Lake  City  Gas  Company,  its  successors 
and  assigns,  shall  be  responsible  for  any  damage,  either  to  per- 
son or  property,  resulting  from  any  act  or  negligence  of  the 
company,  or  its  officers,  agents  or  employes,  which  may  accrue 
by  reason  of  the  exercise  of  any  of  the  privileges  herein  granted. 

SEC.  5.  Unless  a  written  acceptance  of  this  resolution,  with 
the  conditions,  restrictions  and  limitations  therein  contained,  is. 


GAS,    NATURAL   GAS   AND   ELECTRIC   LIGHTS. 

filed  by  the  Salt  Lake  City  Gas  Company  with  the  city  recorder 
of  Salt  Lake  City  within  sixty  days  from  the  date  of  the- passage 
thereof,  this  resolution,  and  the  franchise  hereby  granted,  shall 
.be  void  and  of  no  effect. 
[August  30,  1889.] 


A    RESOLIJTIOX 

AUTHORIZING  THE  EXECUTION  OF  A  CONTRACT  BETWEEN  SALT 
LAKE  CITY  AND  THE  SALT  LAKE  CITY  GAS  COMPANY  AND  THE 
SALT  LAKE  CITY  POWER,  LIGHT  AND  HEATING  COMPANY,  FOR 
LIGHTING  THE  STREETS  OF  SALT  LAKE  CITY. 


Authorizing   Execution    of    Contract    for    Lighting    of 
Streets. 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City :  That 
the  mayor  of  said  city  be  and  is  hereby  authorized  and  directed  to 
sign  and  execute  the  following  contract  on  the  part  of  Salt  Lake 
City,  and  the  recorder  of  said  city  is  hereby  authorized  to  attest 
the  same  with  his  signature  and  the  corporate  seal  of  said  city, 
and  to  deliver  the  same  whenever  it  is  properly  executed  by  all 
the  parties  thereto.  Said  agreement  to  read  as  follows: 

This  agreement,  made  in  triplicate,  and  entered  into  by  and 
between  Salt  Lake  City,  a  municipal  corporation  within  the 
county  of  Salt  Lake,  in  Utah  Territory,  and  the  Salt  Lake  City 
Oas  Company,  a  corporation  existing  under  the  laws  of  said 
Territory,  with  its  principal  place  of  business  in  said  city, 
county  and  Territory,  and  the  Salt  Lake  Power,  Light  and  Heat- 
ing Company,  a  corporation  existing  under  the  laws  aforesaid, 
with  its  principal  place  of  business  in  the  city,  county  and  Ter- 
ritory aforesaid,  witnesseth. 

That  whereas,  said  city  and  said  gas  company  did  mutually 
enter  into  a  contract  on  or  about  February  8,  1887,  by  the  terms 
of  which  it  was  mutually  agreed  that  said  company  should  fur- 
nish gas  and  light,  extinguish  and  keep  in  repair  certain  of  the 
city  street  lamps,  for  lighting  the  streets  of  said  city  at  certain 
specified  prices,  and  that  said  city  should  pay  the  said  specified 


GAS,    NATURAL   GAS   AND    ELECTKIC   LIGHTS.  229 

prices  for  said  services  for  the  whole  period  embraced  in  said 
contract,  to- wit:  from  January  1,  1887,  to  March  8,  1893;  and 

Whereas,  said  gas  company  has  heretofore,  in  a  communi- 
cation to  said  city,  dated  April  11,  1889,  offered  to  waive  a  part 
of  said  contract,  to- wit:  the  unexpired  term  thereof,  which  re- 
lates to  lighting  the  city  street  lamps  of  said  city,  without  claim 
for  costs  or  damages  against  said  city;  provided  said  city  would 
make  an  agreement  with  the  Salt  Lake  Power,  Light  and  Heat- 
ing Company  to  substitute  an  electric  arc  light  at  the  intersec- 
tion of  the  large  blocks,  over  the  area  lighted  by  gas  street 
lamps,  at  the  same  cost  price  over  the  same  area  as  was  then 
paid  to  said  gas  company  for  said  gas  lamps  and  in  lieu  of  said 
gas  lamps,  the  said  gas  company  confirms  said  waiver  by  the 
signing  of  this  agreement;  and 

Whereas,  on  the  13th  of  April,  1889,  said  Salt  Lake 
Power,  Light  and  Heating  Company,  petitioned  said  city  to  al- 
low it  to  substitute  said  arc  lights  for  street  lighting  as  afore- 
said in  lieu  of  the  said  gas  lamps  over  the  same  area,  also  to 
furnish  the  poles,  wire,  arc  lamps  and  all  other  apparatus  for 
the  streets  necessary  to  operate  said  electric  lights  at  its  own 
expense,  provided  the  city  would  make  a  contract  with  said  Salt 
Lake  Power,  Light  and  Heating  Company  to  continue  said  light- 
ing service  (on  account  of  the  heavy  outlay  necessary),  for  a 
period  of  ten  (10)  years.  Whereupon,  the  city  council  of  said 
city,  at  its  session  of  April  23,  1889,  granted  said  petition. 

In  pursuance  of  which  grant  said  Salt  Lake  Power,  Light 
and  Heating  company,  has  built  the  necessary  additional  works, 
purchased  and  set  up  the  necessary  line  of  poles,  set  the  wire, 
cross  arms,  and  arc  lamps,  dynamos,  and  all  the  apparatus  re- 
quired for  the  successful  operating  and  burning  of  said  arc 
lights,  has  covered  the  area  aforesaid  with  arc  lamps  which  are 
now,  and  have  been  for  some  weeks,  in  successful  operation, 
and  has  added  such  other  lines  of  electric  street  lighting  as  have 
been  ordered  by  said  city,  covering  in  all,  at  the  present  time, 
an  area  of  streets  lighted  thereby  of  about  twenty-five  per  cent- 
more  than  the  area  formerly  lighted  by  the  gas  lamps;  said 
area  being  covered  with  fifty-five  (55)  arc  lamps,  which,  with 
fifteen  addition  lamps  already  ordered,  makes  a  total  of  seventy 
arc  lamps. 


230  GAS,    NATURAL   GAS   AND    ELECTRIC   LIGHTS. 

Now,  therefore,  in  consideration  of  the  premises,  and  of  the 
power  of  the  city  to  contract  for  street  lighting  being  limited 
by  law  to  a  term  of  three  years,  and  in  consideration  of  the  sum 
of  $1  to  each  of  the  said  parties  thereto,  it  is  hereby  mutually 
agreed  by  and  between  said  Salt  Lake  City  and  said  Salt 
Lake  Power,  Light  and  Heating  Company,  that  said  city, 
within  thirty  days  from  the  date  hereof,  will  order  the  erec- 
tion and  running  of  thirty  additional  arc  lamps,  making  one 
hundred  arc  lamps  in  all,  which  shall  not  be  required  to  be  over 
seven  hundred  and  ninety-two  feet  apart,  the  distance  hereto- 
fore adopted,  and  said  Salt  Lake  Power,  Light  and  Heating 
Oompany  is  hereby  engaged  to  furnish,  operate  and  run  said  one 
hundred  arc  lights  for  the  full  period  of  three  years  from 
and  after  January  1,  1890*,  and  said  city  agrees  to  pay  said  Salt 
Lake  Power,  Light  and1  Heating  Company,  fifteen  ($15.00)  dol- 
lars per  month  for  each  and  every  one  of  said  arc  lamps  during 
the  whole  period  of  three  years  aforesaid,  and  in  consideration 
of  the  premises,  the  said  Salt  Lake  Power,  Light  and  Heating 
Company  promises  and  agrees  with  said  city  that  it  will  erect 
and  maintain  the  said  arc  lamps,  as  above  provided,  during  the 
full  period  aforesaid,  for  the  consideration  and  amount  herein- 
before stated;  said  lights  to  be  kept  burning  during  the  hours 
annually  printed  in  the  Philadelphia  moon  schedule  for  light- 
ing streets,  except  on  dark  cloudy  nights,  when  said  lamps  shall 
invariably  be  lighted  at  the  usual  hour  for  lighting  in  the  dark 
of  the  moon. 

In  witness  whereof,  the  said  Salt  Lake  City  has  caused  its 
corporate  name  to  be  hereunto  attached  by  its  mayor  and  its 
corporate  seal  to  be  hereunto  affixed  by  its  recorder,  and  the 
said  Salt  Lake  Power,  Light  and  Heating  Company  has  caused 
its  corporate  name  to  be  hereunto  attached  by  its  president,  and 
its  corporate  seal  to  be  hereunto  affixed  by  its  secretary,  and  the 
said  Salt  Lake  City  Gas  Company  has  caused  its  corporate  name 
to  be  hereimto  attached  by  its  president,  and  its  corporate  seal 
to  be  hereunto  affixed  by  its  secretary,  this  —  -  day  of  - 
A.  D.  1890. 

[January  21,  A.  D.  1890.] 

*  February  2,  1892,  this  contract  was  extended  to  January  1, 1895. 


GAS,    NATUEAL   GAS   AND   ELECTRIC   LIGHTS.  231 


\  >  01: i» i \ A \<  i; 

FOR  THE  CONSTEUCTION  AND  MAINTENANCE  OF  STREET  MAINS  AND 
SERVICES  FOE  UTILIZING  AND  DISTRIBUTING  NATUEAL  GAS  FOR 
FUEL  IN  THE  CITY  OF  SALT  LAKE,  UTAH. 


Natural  Gas— Franchise  to  American  Natural  Gas  Com- 
pany for  Twenty  Years. 

SECTION  1.  Be  it  Ordained  by  the  City  Council  of  Salt 
Lake  City,  Utah:  That  the  said  city  of  Salt  Lake  hereby  gives 
and  grants  the  American  Natural  Gas  Company,  a  corporation 
organized  and  existing  under  the  laws  of  Utah  Territory, 
and  its  assigns  as  hereinafter  specified  and  provided,  for  the 
term  of  twenty  years  from  and  after  the  passage  of  this  ordi- 
nance, the  right  and  privilege  of  constructing,  maintaining 
and  operating  pipe  lines  for  distributing  and  utilizing  of  natural 
gas  for  heat  and  fuel  only,  in  the  city  of  Salt  Lake  ;  Provided, 
that  the  rates  to  be  charged  consumers  for  such  natural  gas 
shall  not  exceed  the  sum  of  forty  cents  per  thousand  cubic  feet, 
as  measured  by  standard  gas  meters,  and  for  the  purpose  of  furth- 
ering and  assisting  said  American  Natural  Gas  Company,  and 
its  assigns,  in  supplying  said  natural  gas,  the  said  American 
Natural  Gas  Company  and  its  assigns  are  hereby  granted 
and  given  the  right  and  privilege  to  use  any  and  all  streets, 
avenues  and  alleys  of  Salt  Lake  City,  in  which  to  lay  and  main- 
tain mains  and  service  pipes  for  conveying  and  distributing  said 
natural  gas  as  aforesaid  throughout  said  city;  Provided,  that 
all  streets,  avenues  and  alleys  be  speedily  repaired  and  put  in  as 
good  condition's  they  were  before  excavations  were  made. 

And  provided  further,  that  in  the  construction,  mainten- 
ance and  operation  of  said  mains  and  service  pipes,  the  said 
grantee  and  its  successors  and  assigns  shall,  at  all  times,  con- 
form to  such  ordinances,  rules  and  regulations  as  may  here- 
after be  adopted  by  the  city  council  of  said  city,  in  relation 
thereto;  provided  further,  that  the  right  shall  be,  and  hereby  is 
reserved  to  the  city  council,  at  any  time  after  four  years  from 
the  date  of  this  ordinance,  to  reduce  the  maximum  price  that 


232  GAS,    NATURAL   GAS   AND    ELECTEIC   LIGHTS. 

said  grantee,  its  successors  or  assigns,  shall  charge  its  consum- 
ers, to  thirty  cents  per  1,000  feet. 

SEC.  2.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
construction  or  operation  of  said  mains  and  service  pipes  by 
reason  of  the  default  or  misconduct  of  said  grantee,  its  succes- 
sors and  assigns,  or  its  employes,  and  the  acceptance  of  this 
grant  shall  be  deemed  an  agreement  on  the  part  of  said  grantee 
for  itself  and  successors  and  assigns  to  save  the  said  city  harm- 
less from  and  against  all  liability,  loss,  costs,  expenses,  and  dam- 
age of  any  nature  arising  out  of  any  such  default  or  misconduct, 
or  which  may  accrue  by  reason  of  any  accident  or  injury  which 
may  occur  in  or  by  reason  of  the  construction  or  operation  of 
said  mains  and  service  pipes,  and  to  indemnify  and  repay  said 
city  for  any  loss,  costs,  expense  or  damage  of  any  kind  it  may 
sustain  by  reason  of  any  such  default,  misconduct,  accident  or 
injury,  and  if  any  judgment  for  damages  for  any  such  default, 
misconduct,  accident  or  injury  shall  be  recovered  against  the  said 
city,  the  recovery  thereof,  and  the  judgment  therefor  shall  be 
final  as  between  the  said  city  and  said  grantee  and  its  succes- 
sors and  assigns,  and  conclusive  as  to  the  liabilities  of  the  latter  to 
the  former;  provided,  said  grantee  has  had  notice  of  the  pend- 
ency of  the  suit  in  which  said  judgment  is  recovered,  and  had 
been  given  an  opportunity  to  defend  the  same. 

SEC.  3.  This  grant  shall  be  null  and  void  if  said  American 
Natural  Gas  Company  or  its  assigns  shall  fail  within  one  year 
from  date  hereof  to  lay  mains  and  pipes  from  their  gas  wells  to 
the  limits  of  Salt  '  Lake  City,  or  shall  fail  within  eighteen 
months  from  date  hereof  to  lay  in  the  city  of  Salt  Lake  at  least 
five  miles  of  main  pipe  not  less  than  five  and  five-eighths  inches 
in  diameter;  or  shall  not  be  able,  for  a  continuous  period  of 
sixty  days,  at  any  time  after  eighteen  months  from  date  hereof, 
to  furnish  a  sufficient  quantity  of  natural  gas  to  supply  at  least 
five  hundred  average  families  therewith  for  culinary  and  heating 
purposes.  Provided,  however,  that  any  delay  caused  or  time 
consumed  by  injunction,  or  any  order  of  court,  or  any  unavoid- 
able accident  or  delay,  or  malicious  interference,  shall  neither 
be  counted  nor  work  a  forfeiture  herein. 

SEC.  4.     Said    American    Natural    Gas   Company,   or   its 


GAS,    NATURAL   GAS   AND   ELECTRIC   LIGHTS.  233 

assigns,  shall  use  only   the  best  and  most  approved  system  of 
pipe  for  their  mains  and  services. 

SEC.  5.     This  ordinance  shall  take  effect  from  its  passage, 

[January  12,  A.  D.  1892.] 


A  \  ORDINANCE 

FOR  THE  CONSTRUCTION  AND  MAINTENANCE  OF  STREET  MAINS 
AND  SERVICES  FOR  UTILIZING  AND  DISTRIBUTING  NATURAL 
AND  MANUFACTURED  FUEL  GAS  IN  THE  CITY  OF  SALT  LAKEr 
UTAH  TERRITORY. 


Natural  Gas— Franchise  to  New  American  Gas  and  Fuel 
Company  for  Twenty  Years. 

SECTION  1.  Be  it  ordained  by  the  City  Council  of  Salt 
Lake  City,  Utah :  That  the  said  city  of  Salt  Lake  hereby  gives 
and  grants  to  the  New  American  Gas  and  Fuel  Company,  a  cor- 
poration organized  and  existing  under  the  laws  of  Utah  Terri- 
tory, and  its  assigns,  as  hereinafter  specified  and  provided,  for 
the  term  of  twenty  years  from  and  after  the  passage  of  this 
ordinance,  the  right  and  privilege  of  constructing,  maintaining 
and  operating  pipe  lines  for  distributing  and  utilizing  natural 
and  manufactured  fuel  gas,  for  heat  and  fuel  only,  in  the  city  of 
Salt  Lake. 

Provided,  that  the  rates  to  be  charged  consumers  for  such 
natural  gas  shall  not  exceed  the  sum  of  thirty  cents  per  one  thou- 
sand cubic  feet,  as  measured  by  standard  gas  meters;  and  for  the 
purpose  of  furthering  and  assisting  said  New  American  Gas  and 
Fuel  Company,  and  its  successors  and  assigns,  in  supplying  said 
natural  and  fuel  gas,  the  said  New  American  Gas  and  Fuel  Com- 
pany, and  its  successors  and  assigns,  are  hereby  granted  and 
given  the  right  and  privilege  to  use  any  and  all  streets,  avenues 
and  alleys  of  Salt  Lake  City  in  whieh  to  lay  and  maintain 
mains  and  service  pipes  for  conveying  and  distributing  said 
natural  and  fuel  gas  as  aforesaid  throughout  said  city. 

Provided,  that  all  streets,  avenues  and  alleys  be  speedily 


"234  GAS,   NATURAL   GAS  AND   ELECTRIC   LIGHTS. 

repaired  and  put  in  as  good  condition  as  they  were  before  such, 
excavations  were  made;  and 

Provided  further,  that  not  more  than  one  main  pipe  shall 
be  laid  in  any  one  street  without  the  expressed  consent  of  the 
•city  council;  and 

Provided  further,  that  in  the  construction,  maintenance  and 
operation  of  said  mains  and  service  pipes,  the  said  grantee,  and 
its  successors  and  assigns,  shall,  at  all  times,  conform  to  such 
ordinances,  rules  and  regulations  as  may  hereafter  be  adopted 
by  the  city  council  of  said  city  in  relation  thereto. 

SEC.  2.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
construction  or  operation  of  said  mains  and  service  pipes,  by 
reason  of  the  default  or  misconduct  of  said  grantee,  its  suc- 
cessors and  assigns,  or  its  or  their  employes,  and  the  acceptance 
of  this  grant  shall  be  deemed  an  agreement  on  the  part  of  the 
said  grantee  for  itself,  and  its  successors  and  assigns,  to  save  the 
said  city  harmless  from  and  against  all  liability,  loss,  costs,  ex- 
penses and  damage  of  any  nature  arising  out  of  any  such  de- 
fault or  misconduct,  or  which  may  accrue  by  reason  of  any  ac- 
cident or  injury  which  may  occur  in  or  by  reason  of  the  con- 
struction or  operation  of  said  mains  and  service  pipes,  and  to 
indemnify  and  repay  said  city  for  any  loss,  costs,  expense  or 
•damage  of  any  kind  it  may  sustain  by  reason  of  any  such  de- 
fault, misconduct,  accident  or  injury;  and  if  any  judgment  for 
damages  for  any  such  default,  misconduct,  accident  or  injury 
shall  be .  recovered  against  said  city,  the  recovery  thereof  and 
the  judgment  therefor  shall  be  final  as  between  the  said  city 
and  said  grantee,  and  its  successors  and  assigns,  and  shall  be 
•conclusive  as  to  the  amount  of  damages  and  the  liabilities  of 
the  latter  to  the  former;  Provided,  said  grantee  has  had  notice 
of  the  pendency  of  the  suit  in  which  said  judgment  is  recovered, 
and  had  been  given  an  opportunity  to  defend  the  same. 

SEC.  3.  This  grant  shall  be  null  and  void  if  said  New 
American  Gas  and  Fuel  Company,  or  its  successors  and  assigns, 
.shall  fail  within  one  year  from  date  hereof  to  lay  mains  and 
pipes  from  their  gas  wells  to  the  intersection  of  East  Temple 
.street  -and  South  Temple  street,  in  Salt  Lake  City,  Territory  of 


GAS,    NATUEAL   GAS   AND   ELECTRIC   LIGHTS.  235 

Utah,  or  shall  fail  within  eighteen  months  from  date  hereof  to 
lay  in  the  city  of  Salt  Lake  at  least  five  miles  of  main  pipe  not 
less  than  six  inches  in  diameter;  Provided,  however,  that  any 
delay  caused  or  time  consumed  by  injunction  or  any  order  of 
court,  or  any  unavoidable  accident  or  delay  or  -malicious  inter- 
ference, shall  neither  be  counted  nor  work  a  forfeiture  herein. 

SEC.  4.  Said  New  American  Gas  and  Fuel  Company,  or  its 
assigns,  shall  use  only  the  best  and  most  approved  system  and 
quality  of  pipe  for  their  mains  and  services,  such  mains  to  be 
inspected  and  subject  to  the  approval  of  the  city  engineer. 

SEC.  5.  The  city  council  reserves  and  shall  have  the  right 
to  levy  and  collect;  from  said  company,  in  addition  to  the  ordi- 
nary property  taxes  assessed  upon  its  property,  an  annual  royalty 
or  tax  not  exceeding  one  (1)  cent  per  thousand  cubic  feet  upon 
all  sales  by  said  company,  within  the  limits  of  said  city,  of  fuel 
gas,  either  natural  or  manufactured.  And  for  the  purpose  of 
enabling  the  city  to  make  such  assessments,  said  company  will, 
at  such  stated  periods  as  the  city  council  may  direct,  make  and 
file  with  the  city  recorder  sworn  statements  of  the  amount  of 
gas  sold  by  it  in  said  city. 

SEC.  6.  If,  at  any  time,  said  company  shall  fail,  neglect  or 
refuse  for  a  period  of  sixty  days  to  comply  with  any  provision 
of  this  franchise  to  be  by  it  complied  with,  or  shall  fail,  neglect 
or  refuse  for  sixty  days  to  comply  with  any  regulation  which 
may  hereafter  be  lawfully  imposed  by  the  city  council,  this 
franchise  and  all  rights  under  it  shall,  at  the  option  of  said  city 
council,  be  forfeited,  and  the  city  shall  at  once,  upon  *such  for- 
feiture, have  the  right  to  require  all  pipes  and  other  property  of 
said  company  to  be  removed  from  its  streets. 

SEC.  7.  The  franchise  herein  granted  shall  not  be  opera- 
tive unless  said  company  shall,  within  ten  days  from  the  date  of 
its  passage  and  approval,  file  with  the  city  recorder  its  accept- 
ance, in  writing,  of  the  terms  hereof,  and  also  file  with  said  city 
recorder,  in  writing,  a  specific  relinquishment  of  all  other  or 
former  grants,  franchises  or  privileges  now  held  or  claimed  by 
it.  And  this  franchise,  if  accepted  by  said  company,  shall 
operate  as  a  revocation  of  all  other  grants,  franchises  or  privi- 
leges now  held  or  claimed  by  said  company. 


236  GAS,    NATURAL   GAS   AND   ELECTRIC   LIGHTS. 

SEC.  8.  This  ordinance  shall  take  effect  from  and  after  its 
passage  and  approval. 

[Passed  by  the  city  council  July  5,  1892,  and  referred  to 
the  mayor  for  approval.  Referred  to  the  mayor  for  approval 
July  5,  1892;  returned  by  the  mayor  with  his  disapproval  July 
9,  1892;  presented  to  the  city  council  July  12,  1892,  and  passed, 
notwithstanding  the  objections  of  the  mayor  thereto,  by  a  vote 
of  11  yeas  and  2  nays.  ] 


A   RESOLUTION 

RELATING     TO     THE     SALT     LAKE     POWER,     LIGHT     AND    HEATING 

COMPANY. 


Electric  Liight— Franchise  te  the  Salt  Lake  Power, 
Light  and  Heating  Company  for  Twenty-five 
Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City,  That  the  Salt  Lake  Power,  Light  and  Heating  Com- 
pany, a  corporation  incorporated  under  the  laws  of  the  Territory 
of  Utah,  its  successors  and  assigns,  be  and  hereby  are  vested 
with  the  right  and  privilege  of  using  the  streets,  lanes  and 
alleys  of  said  city  for  the  purpose  of  conveying  electrical  currents 
by  means  of  wires,  to  be  used  for  lighting,  and  also  conveying 
steam  by  means  of  pipes,  to  be  used  for  heating  and  propelling 
machinery  and  for  other  purposes,  to  the  inhabitants,  property- 
owners  and  users  in  said  city,  for  the  term  of  twenty-five  years. 

SEC.  2.  That  said  company,  its  successors  and  assigns, 
during  said  term,  be  and  hereby  are  vested  with  the  right  and 
privilege  of  erecting  and  maintaining  in  the  streets,  lanes  and 
alleys  of  said  city,'  poles,  and  attaching  thereto  and  extending 
and  maintaining  thereon  wires,  for  the  purpose  of  transmitting 
electrical  currents  within  the  limits  of  said  city,  to  the  inhabit- 
ants, property-owners  and  users  thereof;  Provided,  that  said 
poles  shall  not  be  set  nearer  than  six  feet  to  any  fire  hydrant, 
gas  or  water  main,  or  service  pipe;  and  provided  further,  that 
said  streets,  lanes  and  alleys  shall  be  repaired  by  said  company,. 


GAS,    NATURAL   GAS   AND   ELECTRIC   LIGHTS.  237 

io  the  satisfaction  of  said  city  council,  within  a  reasonable  time, 
and  said  streets,  lanes  and  alleys  shall  not  unnecessarily  be 
obstructed  at  any  time;  and  provided  further,  that  said  poles 
shall  be  set  and  the  wires  suspended  thereon  under  the  direction 
of  said  city  council  or  some  person  appointed  by  it. 

SEC.  3.  That  said  company,  its  successors  and  assigns,  during 
the  said  term,  be  and  are  hereby  vested  with  the  right  and 
privilege  of  laying,  extending  and  maintaining  one  or  more 
pipes,  for  the  purpose  of  conveying  steam  as  aforesaid,  at  any 
point  or  points,  in,  along  or  across  the  streets,  lanes  and  alleys 
lying  south  of  South  Temple  street  and  north  of  Fourth  South 
street,  and  between  Second  East  and  Second  West  streets,  and 
at  such  other  points  as  the  said  city  council  may  hereafter  per- 
mit; Provided,  that  said  steam  pipes  shall  not  be  required  to 
be  laid  more  than  three  feet  beneath  the  surface  of  the  ground; 
and  provided  further,  that  said  steam  pipes  shall  not  be  laid 
nearer  than  four  feet  to  any  gas  or  water  main  or  service  pipe, 
except  where  the  pipes  cross  each  other,  or  interfere  with  any 
future  sewerage  or  other  public  improvements  in  said  streets, 
lanes  and  alleys.  But  said  company  shall  have  the  right  to 
extend  said  pipes  and  box  the  same  across  any  and  all  sewers. 
And,  subject  to  the  limitations  aforesaid,  steam  pipes,  when 
laid,  shall  be  laid  and  extended  under  the  direction  of  the  city 
council  or  some  person  appointed  by  it. 

SEC.  4.  That  said  Power,  Light  and  Heating  Company,  its 
successors  and  assigns,  shall  be  responsible  for  any  damage, 
either  to  person  or  property,  resulting  from  any  act  or  negli- 
gence of  theirs  which  may  accrue  by  reason  of  the  exercise  of 
any  of  the  privileges  herein  granted. 

[January  11,  1881.] 


238  IRRIGATION. 


CHAPTER    XXL 


IRRIGATION. 


Period  of  Artificial  Irrigation. 

SECTION  1.     The  period  of  artificial  irrigation  shall  be  from, 
the  first  day  of  April  to  the  first  day  of  November,  annually. 
[April  3,  1883.] 

Apportionment  of  Water. 

SEC.  2.  On  or  before  the  first  day  of  April,  annually,  the 
city  watermaster  shall  apportion  and  allot  the  water  flowing 
through  the  natural  and  artificial  channels  into  said  city  to  the 
persons  entitled  to  water,  and  issue  to  said  persons  a  certificate 
specifying  the  time  during  which  such  waters  may  be  used  ; 
said  apportionment  and  allotment  shall  be  made  with  respect  to 
time  and  the  amount  of  water  available  in  proportion  to  the 
quantity  of  land  to  be  irrigated. 

[April  3,  1883;  February  14,  1888.] 

Watermaster  to  Locate  Ditches,  etc. 

SEC.  3.  It  shall  be  the  duty  of  the  city  watermaster  to  see 
to  the  proper  location,  construction  and  repair  of  all  public 
gates,  dams,  flumes,  ditches  and  reservoirs  necessary  for  the  eon- 
trolling  and  distributing  of  such  water,  that  the  water  may  not 
be  wasted,  streets  or  sidewalks  overflowed  or  obstructed,  or  pub- 
lic or  private  property  damaged.  He  shall  also  keep  a  record  of 
the  location  of  all  such  principal  gates,  dams,  flumes,  ditches, 
canals  and  reservoirs,  which  shall  show  the  nature  of  their  con- 
struction, the  length  and  capacity  of  the  principal  canals  and 
ditches  ;  also  the  extent  and  nature  of  the  ownership  of  other 
corporations  or  of  individuals  or  associations  in  or  to  any  of 


IRRIGATION.  239^ 


such  ditches  or  canals,  or  of  any  stream,  spring  or  lake  in  or  to 
which  the  city  has  a  joint  or  other  interest,  ownership  or  claim ; 
and  such  record  shall  also  show  the  location  of  all  bridges  which, 
are  beyond  the  corporate  limits  and  across  any  ditch,  canal, 
stream  or  other  water  conduit  in  which  the  city  is  part  owner, 
and  which  said  bridges  it  is  the  duty  of  the  city  to  keep  in  re- 
pair. Said  records  shall  also  show  the  location  of  all  weirs,  or 
other  means  employed  to  divide  the  waters  of  any  ditch,  canal,, 
stream  or  other  conduit  for  irrigation  water,  as  well  as  the  pro- 
portion of  water  to  be  divided  or  drawn  from  said  weirs  or  other 
devices,  and  to  whom  and  at  and  during  what  particular  times 
and  seasons  water  is  to  be  drawn,  together  with  such  other  in- 
formation as  may  be  necessary  to  enable  a  proper  understanding, 
of  the  city's  rights  from  an  examination  of  said  records. 
[April  3,  1883.] 

Head-Gates  and  Branch  IHtches. 

SEC.  4.  No  person  shall  convey  water  from  a  public  ditch' 
to  his  lot  or  premises  by  an  irrigation  ditch  without  first  having 
constructed,  under  the  direction  of  the  city  watermaster,  a  sub- 
stantial gate,  both  in  the  public  ditch  and  at  the  head  of  his- 
branch  ditch;  the  latter  he  shall  keep  closed  and  water-tight 
except  during  the  period  allotted  to  him  for  the  use  of  such- 
water.  And  where  such  branch  ditch  crosses  any  portion  of  a 
sidewalk,  the  same  shall  be  made  of  lumber  or  other  substantial- 
material,  the  covering  of  which  shall  be  on  a  level  with  such 
sidewalk. 

[April3,  1883.] 

X 

To  Guard  Against  Damage. 

SEC.  5.  Where  persons  are  obliged  to  convey  water  across 
lands  lying  between  their  premises  and  the  public  water  ditches,, 
the  same  shall  be  done  with  the  least  possible  injury  to  prop- 
erty, both  in  constructing  the  necessary  ditches  and  in  man- 
aging the  water  flowing  therein,  and  such  persons  shall  be  liable 
for  all  damages  caused  by  negligence  in  the  construction  of  saidi 
ditches  or  in  the  management  of  water  flowing,  therein. 

[April  3,  1883.] 


•240  •  IRRIGATION. 


Right  of  Way  Along  Ditches. 

SEC.  6.  Where  public  water  ditches  pass  through  private 
grounds,  the  right  of  way  for  which  has  been  acquired,  the  city 
watermaster  and  his  assistants  are  authorized  to  pass  along  said 
ditches,  as  occasion  may  require,  during  the  continuance  of 
such  right. 

[AprilS,  1883.] 

Sin-phi*  Water. 

SEC.  7.  All  persons  using  water  for  irrigation  or  other 
purposes  shall  conduct  the  surplus  or  waste  water  into  a  public 
water  ditch,  and  shall  not  allow  such  water  to  flood  the  streets, 
sidewalks  or  private  property  to  the  damage  thereof,  or  to  run 
to  unnecessary  waste. 

[April  3,  1883.] 

Penalty  for  Wrongfnl  Diversion  of  Water. 

SEC.  8.  Any  person  who  shall  turn  the  water  from  any  pub- 
lic water  ditch  or  reservoir,  or  from  any  private  irrigating  ditch 
during  said  irrigating  period,  except  when  the  use  of  such  water 
has  been  duly  allotted  to  him,  or  who  shall  wilfully  or  mali- 
ciously break  any  dam,  gate,  sluice  or  ditch  used  for  diverting 
or  controlling  such  water,  or  in  any  manner  change  the  current 
or  flow  of  water  used  for  irrigating  purposes,  in  any  of  said 
ditches,  shall,  on  conviction  thereof,  be  liable  to  a  fine  in  any 
sum  not  exceeding  fifty  dollars,  or  to  imprisonment  not  exceed- 
ing fifty  days,  or  to  both  such  fine  and  imprisonment. 

[April  3,  1883.] 

Appeal  from  Apportionment. 

SEC.  9.  Any  person  aggrieved  at  the  proportion  of  water 
allotted  to  him  by  the  city  watermaster,  or  at  any  other  act 
claimed  to  have  been  done  under  the  provisions  of  this  chapter, 
may,  on  written  complaint,  be  heard  by  the  city  council,  who 
shall  determine  the  same  and  grant  such  relief  as  may  be  proper; 
but  all  such  complaints  must  be  presented  to  the  council  within 
twenty  days  from  the  origin  of  the  act  complained  of. 

[April  3,  1883.] 


IKRIGATION.  241 


<$uarterly  Report. 

SEC.  10.  The  city  watermaster  shall  report  his  proceed- 
ings to  the  city  council  quarterly,  or  oftener  if  required  by  the 
council. 

[April  3,  1883.] 

Public  Water  Ditches  Defined. 

SEC.  11.  Public  water  ditches  are  defined  to  be  :  First,, 
the  natural  and  artificial  channels  through  which  water  flows 
into  Salt  Lake  City;  second,  those  constructed  along  the  streets; 
and,  third,  those  through  lots  and  blocks,  for  public  use  and 
over  which  the  city  exercises  exclusive  control  and  jurisdiction^ 

[April  3,  1883.] 

Where  Public  Ditches  May  Be  Crossed. 

SEC.  12.  It  shall  be  unlawful  for  any  person  to  drive  any 
wagon  or  other  vehicle  across  any  public  water  ditch  or  canal 
within  the  corporate  limits  of  said  Salt  Lake  City,  other  than  at 
a  regular  crossing,  or  place  any  pole,  board,  or  any  other  obstruc- 
tion whatever,  in  any  such  public  ditch  or  canal,  for  any  purpose, 
or  in  any  way  interfere  with  the  free  and  unobstructed  flow  of 
water  in  such  ditch  or  canal. 

[May  9,  1892.] 

Bridges  and  Flumes. 

SEC.  13.  Any  person  desiring  to  drive  across  any  public 
water  ditch  or  canal,  at  any  place  other  than  at  a  public  cross- 
ing, shall,  before  doing  so,  place  over  said  ditch  or  canal  a  good 
and  substantial  bridge,  or  in  said  ditch  or  canal  a  good  and  sub- 
stantial covered  flume,  as  the  city  watermaster  may  direct  and 
decide,  sufficiently  high  and  of  sufficient  capacity  so  as  not  ta 
interfere  with  or  prevent  the  free  and  unobstructed  flow  of" 
water  in  said  ditch  or  canal,  said  bridge  or  flume  to  be  con- 
structed under  the  direction  of  the  watermaster  of  said  city. 

[May  9,  1892.] 

Penalties. 

SEC.  14.  Any  person  violating  any  of  the  provisions  of 
this  chapter,  when  no  other  penalty  is  prescribed,  shall,  on  con- 

16 


242  IRRIGATION. 


viction  thereof,  be  punished  by  fine  not  exceeding  twenty-five 
dollars,  or  by  imprisonment  not  exceeding  twenty-five  days,  or 
both  such  fine  and  imprisonment. 


A   i: i  xoi  i  i  io\ 

PROVIDING  FOR  THE  CONSTRUCTION  OF  THE  JORDAN  AND  SALT 
LAKE  CITY  CANAL. 


Jordan  and  Salt  .Lake  City  Canal. 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City  : 
That  for  the  purpose  of  increasing  the  water  supply  of  said  city, 
the  corporation  thereof  shall  proceed  to  construct  a  canal  co 
•convey  water  from  the  Jordan  river  into  said  city.  Said  canal 
shall  be  known  as  the  Jordan  and  Salt  Lake  City  Canal,  and  be 
located  as  follows,  viz.:  Commencing  at  a  point  on  the  east 
bank  of  said  river,  where  the  waters  of  the  South  Jordan  canal 
are  taken  out,  and  running  in  conjunction  with  said  canal  to 
where  its  flume  crosses  s"aid  river;  thence  in  a  northeasterly 
direction  to  the  first  workings  of  the  Deseret  Irrigation  and 
Navigation  Canal  Company's  canal  near  BigCottonwood;  thence 
on  the  route  of  said  canal,  so  far  as  practicable,  to  Salt  Lake 
City.  The  said  canal  shall  be  made  twenty  feet  wide  in  the 
bottom,  with  banks  sloping  at  an  angle  of  not  to  exceed  forty- 
five  degrees,  at  the  discretion  of  the  engineer  of  construction, 
and  of  sufficient  Capacity  to  safely  carry  four  feet  in  depth  of 
water. 

Be  it  further  Resolved,  That  the  city  council  shall  appoint 
a  competent  engineer  of  construction  for  said  canal,  and  that 
the  mayor,  one  member  of  the  city  council,  to  be  selected  by 
that  body,  and  said  engineer,  shall  constitute  a  committee  to 
supervise  the  construction  of  said  canal,  with  authority  to  nego- 
tiate with  the  land-owners  through  whose  lands  said  canal  will 
pass,  and  secure  a  right  of  way  therefor,  and  the  title  to  all 
such  lands,  when  acquired,  shall  vest  in  the  corporation  of  Salt 
Lake  City.  Said  committee  may  advertise  in  some  newspaper 


IRRIGATION.  243 


having  general  circulation  in  the  city,  to  let  contracts  for  exca- 
vation and  other  labor,  to  contract  for  or  purchase  all  materials 
necessary  for  said  work,  employ  workmen  and  perform  all  other 
duties  necessary  to  the  construction  and  completion  of  said 
canal.  Said  committee  shall  report  its  doings  monthly,  or 
oftener,  if  required  by  the  city  council,  and  shall  be  subject  to 
it»  direction. 

Be  it  further  Resolved,  That  all  moneys  that  may  be 
received  to  assist  in  defraying  the  expense  of  constructing  said 
canal,  whether  from  the  United  States,  the  Territory  of  Utah, 
Salt  Lake  county  or  from  any  private  person,  shall  be  paid  into 
the  city  treasury  to  the  credit  of  said  canal  and  be  used  exclu- 
sively therefor.  All  labor  done  by  persons,  either  individually 
or  collectively,  on  account  of  securing  an  interest  in  the  waters 
of  said  canal,  shall  be  credited  to  them  and  held  to  apply  upon 
any  assessment  which  may  be  made  on  their  lands  for  irrigating 
water.  That  whenever  necessary  for  the  prosecution  of  the 
work  on  said  canal,  the  city  council  may,  for  the  time  [being, 
appropriate  from  the  general  fund  of  the  corporation  enough 
money  for  that  purpose,  charging  the  same  to  said  canal.  No 
funds  shall  be  disbursed  on  account  of  said  canal  except  upon 
vouchers  certified  to  by  the  engineer  of  construction  and  coun- 
tersigned by  one  other  member  of  the  committee  of  super- 
vision; and 

Be  it  further  Resolved,  That  when  said  canal  is  completed, 
the  waters  flowing  through  it  shall  be  controlled  and  distributed 
through  the  various  w^ter  ditches  of  said  city,  under  the  same 
regulations  as  are  provided  by  "An  ordinance  relating  to  the 
control  and  distribution  of  the  waters  flowing  into  Salt  Lake 
City,"  passed  March  4,  1879,  and  no  waters  shall  be  distributed 
from  said  canal  to  any  lands  lying  outside  the  corporate  limits 
of  said  city. 

[November  25,  1879.] 


244  IRRIGATION. 


PARLEY'S   CAftON  CREEK. 


A    RESOLUTION 

» 

AUTHORIZING    THE    MAYOR    TO   SIGN     AN    AGREEMENT    WITH   CER- 
TAIN OWNERS   OF  THE  WATERS   OF  PARLEY'S  CANON  CREEK. 


SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  mayor  of  said  city  is  hereby  authorized 
to  sign  the  following  agreement  on  the  part  of  Salt  Lake  City, 
made  and  entered  into  by  and  between  said  Salt  Lake  City  and 
the  owners  of  primary  rights  to  the  use  of  the  waters  of  Par- 
ley's Canon  Creek,  to-wit : 

AGREEMENT : 

This  agreement,  made  and  entered  into  this  25th  day  of 
June,  A.  D.  1888,  by  and  between  the  owners  of  the  primary 
right  to  the  waters  of  Parley's  Canon  Creek,  whose  names  are 
signed  hereto,  of  Salt  Lake  County,  Territory  of  Utah,  parties 
of  the  first  part,  and  Salt  Lake  City,  a  municipal  corporation  of 
the  Territory  of  Utah,  party  of  the  second  part,  witnesseth  : 

"Whereas,  the  parties  of  the  first  part  are  the  owners  of 
primary  rights  to  the  waters  of  Parley's  Canon  Creek,  and  the 
party  of  the  second  part  is  the  owner  of  the  Jordan  and  Salt 
Lake  City  Canal,  which  conveys  water  from  the  Jordan  river  at 
a  point  near  what  is  called  the  "Narrows"  in  said  river  to  Salt 
Lake  City  for  irrigation  purposes  ;  and 

Whereas,  the  party  of  the  second  part  is  desirous  of  ob- 
taining water  for  irrigation  and  culinary  purposes  to  supply  a 
portion  of  the  inhabitants  of  said  city  whose  lands  lie  above  the 
said  Jordan  and  Salt  Lake  City  Canal,  it  being  impracticable  to 
irrigate  said  lands  from  the  waters  of  said  canal  and  for  sprink- 
ling streets  above  the  line  of  said  canal,  and  for  other  uses  and 
purposes  connected  with  the  welfare  of  the  inhabitants  of  said 
city ;  and 


IRRIGATION.  245 


Whereas,  the  agent  of  said  second  party,  to-wit,  the  mayor 
of  Salt  Lake  City,  has  made  propositions  to  the  parties  of  the 
first  part,  with  a  view  to  making  an  exchange  of  the  waters  of 
Parley's  Canon  creek,  owned  by  the  parties  of  the  first  part,  for 
those  of  the  Jordan  and  Salt  Lake  City  canal,  and  said  parties 
of  the  first  part  have  met  and  considered  said  propositions,  and 
have  agreed  to  make  said  exchange  under  proper  conditions  and 
restrictions;  now,  therefore, 

It  is  hereby  agreed  as  follows :  The  parties  of  the  first  part, 
whose  names  are  signed  hereto,  agree  to  exchange  the  waters  of 
the  Parley's  Canon  creek  to  which  they  are  entitled  for  an 
equivalent  quantity  of  water  from  the  Jordan  and  Salt  Lake 
City  canal  down  to  .  the  time  when  the  primary  rights  exhaust 
the  whole  of  said  creek  for  irrigation  purposes  (and  for  the 
quantity  of  water  to  be  furnished  after  said  last  named  time  as 
next  hereinafter  further  agreed),  and  to  permit,  allow  and  au- 
thorize said  party  of  the  second  part  to  take  said  waters  of  the 
Parley's  Canon  creek  at  any  point  it  may  choose,  and  devote  the 
same  to  the  use  and  benefit  of  the  inhabitants  of  Salt  Lake 
City. 

And  it  is  further  agreed,  that  at  each  season  when  the  period 
arrives  that  the  waters  of  said  Parley's  Canon  creek  are  at  their 
normal  stage — that  is  to  say,  when  they  are  at  the  stage  when 
the  owners  of  the  primary  rights  therein  are  entitled  to  the 
whole  of  said  stream  for  irrigating  purposes — then  the  party  of 
the  second  part  shall  ^ave  the  waters  of  said  creek  measured  at 
the  place  where  it  takes  said  waters  from  said  Parley's  Canon 
creek,  and  the  board  hereinafter  provided  for  shall  decide  as  to 
such  time,  and  it  hereby  guarantees  to  furuish  to  the  parties  of 
the  first  part  from  and  after  the  date  of  such  measurement,  and 
until  the  fifteenth  day  of  August,  a  continuous  supply  of  water 
from  said  canal  equal  to  the  portion  of  said  creek  owned  by  the 
parties  of  the  first  part  at  the  time  of  such  measurement;  and 
at  the  last  named  date  the  waters  of  said  creek  shall  be  meas- 
ured again  as  aforesaid,  and  the  party  of  the  second  part  shall 
furnish  to  the  parties  of  the  first  part,  from  and  after  said 
measurement,  a  continuous  supply  of  water  from  said  canal 
«qual  to  the  portion  of  said  creek  owned  by  them  at  the  time  of 
.said  last  measurement  during  the  remainder  of  the  season. 


246  IRRIGATION. 


The  second  party  agrees  to  maintain  all  existing  rights  of 
the  parties  of  the  first  part  to  the  waters  of  the  said  Parley's 
Canon  creek,  and  to  keep  in  repair  the  said  Jordan  and  Salt 
Lake  City  canal,  and  by  its  agent,  jointly  with  the  agent  of  the 
parties  of  the  first  part,  on  the  exchange  aforesaid;  and  also  to 
construct  the  necessary  ditch  or  ditches,  headgates  and  dams  to 
take  out  the  said  waters  of  the  said  canal  and  Parley's  Canon 
creek,  and  provide  for  rights  of  way  for  the  same,  all  at  its  own 
cost  and  expense,  and  without  cost  or  expense  to  the  parties  of 
the  first  part. 

If  at  any  time  either  party  shall  feel  aggrieved  at  the  action 
of  the  other  party  as  to  the  fulfillment  of  or  as  to  any  condition 
or  portion  of  this  agreement,  it  is  agreed  by  and  between  the 
parties  hereto  that  said  board  shall  decide  the  question  in  issue 
between  said  parties,  and  its  decision  shall  be  final. 

If  at  any  time  the  party  of  the  second  part,  through  any 
cause  whatever,  fail  to  supply  to  the  parties  of  the  first  part  the 
said  quantity  of  water  from  said  canal,  it  is  expressly  under- 
stood and  agreed  that  said  parties  of  the  first  part  shall  be  re- 
stdred  to  the  portions  of  Parley's  Canon  creek  appropriated  and 
used  by  the  party  of  the  second  part  under  the  terms  of  this 
agreement;  and  in  case  of  said  failure  on  the  part  of  said  party 
to  furnish  the  waters  in  said  canal  for  the  use  of  the  parties  of 
the  first  part  as  hereinbefore  specified  and  agreed,  it  shall  not 
be  necessary  for  the  parties  of  the  first  part  to  apply  to  any  court 
or  process  of  law  to  regain  their  rights  in  the  waters  of  said  Par- 
ley's Canon  creek,  but  their  agent  may  at  once  give  notice  to  the 
agent  of  the  party  of  the  second  part  of  the  said  failure  of  the 
said  party  to  furnish  the  said  water  in  said  canal  as  aforesaid, 
and  if  such  default  and  failure  on  the  part  of  said  party  of  the 
second  part  shall  continue  for  a  period  of  twelve  hours,  then 
said  agent  for  said  first  parties  may  at  once  proceed  to  turn  said 
waters  of  said  creek  into  their  original  channel,  and  place  the 
same  to  the  use  of  said  parties  of  the  first  part,  and  all  expense 
and  damages  caused  by  the  failure  to  furnish  said  canal  waters 
as  aforesaid  shall  be  borne  by  the  said  party  of  the  second  part. 

In  case  it  shall  happen  at  any  time  that  the  parties  of  the 
first  part  are  forced  to  retake  the  water  from  Parley's  Canon 
creek  for  and  on  account  of  the  failure  of  the  party  of  the 


IRRIGATION.  247 


second  part  to  furnish  water  from  its  canal  as  aforesaid,  they 
hereby  agree  that  the  party  of  the  second  part  may  again  have 
the  waters  from  Parley's  Canon  creek  on  the  same  terms  and 
conditions  as  are  herein  specified,  by  furnishing  to  the  parties 
of  the  first  part,  the  water  from  said  canal  and  sufficient 
more  from  that  source  within  a  time  to  be  determined  by  said 
board  to  make  up  for  any  delays  in  irrigating  occasioned  by 
said  default. 

Provided,  that  if  said  default  should  continue;  that  is  to 
say,  if  the  party  of  the  second  part  should  fail  to  supply  said 
canal  water  to  the  parties  of  the  first  part  for  a  period  of  six 
months,  then  this  agreement  shall  be  null  and  void,  and  the 
party  of  the  second  part  shall  not  be  liable  for  any  damage 
resulting  from  such  default  or  failure  to  furnish  said  canal  water 
except  the  damage  that  may  have  accrued  before  the  termina- 
tion of  this  agreement. 

The  party  of  the  second  part  further  agrees  that  it  will  not 
by  its  action  diminish  the  quantity  of  water  to  which  any  one 
may  be  entitled  in  the  Kennedy  ditch  or  Parley's  Canon  creek, 
who  is  not  interested  in  this  exchange. 

It  is  further  agreed  by  the  parties  hereto  that  the  waters 
shall  be  turned  into  and  flowing  in  the  Jordan  and  Salt  Lake 
City  canal  as  soon  as  April  1st  in  each  year. 

It  is  mutually  agreed  that  by  March  1st  in  each  year  the 
two  parties  hereto  shall  each  choose  an  agent,  and  they  two  a 
third,  to  constitute  a  board,  a  majority  of  whom  can  lawfully 
act;  if  the  two  agents  cannot  agree  on  a  third  within  ten  days, 
then  said  first  parties  shall  select  a  wholly  disinterested  person 
as  the  third,  from  any  place  in  Salt  Lake  county,  Utah  Terri- 
tory, excepting  only  Salt  Lake  City  and  the  owners  of  Parley's 
Canon  creek.  It  is  agreed  that  said  board  shall  decide  all 
questions  that  arise  in  reference  to  this  agreement,  whether  the 
same  be  absolutely  forfeited  or  not  (except  only  as  to  the 
renewal  of  this  agreement  after  absolute  forfeiture),  except  as 
otherwise  herein  specially  provided,  and  then  in  the  latter 
instance  in  case  of  disagreement  said  board  shall  decide. 

When  agents  are  referred  to  in  this  agreement,  they  are 
meant  who  are  selected  by  the  parties  hereto  and  in  part  consti- 
tute the  board. 

V 


248  IBEIGATION. 


In  ease  of  a  vacancy  in  said  board,  the  same  shall  be  filled 
as  originally.  If  at  any  time  where  it  is  necessary  for  the 
agents  or  board  to  act  immediately,  and  the  proper  number  can- 
not be  found  to  act  within  twelve  hours,  then  the  remaining 
agent  or  agents  or  board  may  act  as  legally  as  though  both 
agents  or  a  legal  board  were  present;  and  in  other  cases  the 
same  may  be  done  after  the  expiration  of  fifteen  days. 

As  it  is  the  intention  of  the  parties  hereto,  that  said  first 
parties  shall  have  no  expense  whatever  to  defray  by  reason  of 
the  said  exchange,  it  is  mutually  agreed  that  said  second  party 
shall  hold  said  first  parties  wholly  harmless,  in  consequence  of 
the  exchange  of  said  waters. 

It  is  mutually  agreed  that  said  second  party  shall  defray  all 
expenses  and  fees  of  said  board  and  of  first  parties'  agent.  It 
is  mutually  agreed  that  in  any  part  of  the  year  when  said  canal 
water  is  not  furnished  to  said  first  parties,  then  and  in  that  event 
said  first  parties  are  entitled  to  the  waters  of  Parley's  Canon 
creek. 

Whenever  "first  parties"  are  spoken  of  in  this  agreement  it 
means,  in  addition  to  the  natural  meaning,  the  heirs,  executors, 
administrators  and  assigns  of  said  first  parties. 

This  agreement  shall  be  perpetual  if  the  covenants  and  con- 
ditions herein  expressed  are  kept  and  complied  with. 

It  is  further  agreed  that  the  party  of  the  second  part  shall 
pay  the  assessment  that  shall  be  made  yearly  or  oftener  ;  and 
keep  in  repair  what  is  known  as  the  Kennedy  ditch  to  the  same 
extent  and  to  the  full  amount  that  would  be  borne  with  the  land 
owners  below  said  canal  using  the  water  from  said  ditch  ;  that 
is  to  say,  the  party  of  the  second  part  shall  do  the  work  on  said 
ditch  that  has  been  heretofore  done  by  those  obtaining  water 
therefrom  that  owned  land  below  said  canal. 

In  witness  whereof,  we  the  undersigned  parties  of  the  first 
part  have  hereunto  set  our  hands  and  seals,  and  the  mayor  of 
Salt  Lake  City,  for  and  in  behalf  of  the  party  of  the  second 
part,  has  hereunto  set  his  hand  and  caused  the  corporate  seal  of 
said  city  to  be  hereunto  affixed,  the  day  and  year  in  this  agree- 
ment first  above  written. 

[July  31,  1888.] 


LICENSES.  249 


CHAPTER   XXII. 


LICENSES. 

Doing  Business  Without  License  Unlawful. 

SECTION  1.  It  shall  be  unlawful  for  auy  person  to  engage 
in  or  carry  on  any  business,  trade,  profession  or  calling,  for  the 
transaction  or  carrying  on  of  which  a  license  is  required,  with- 
out first  taking  out  or  procuring  the  license  required  for  such 
business,  trade,  profession  or  calling. 

[February  14,  1888.] 

License  to  Be  Paid  in  Advance. 

SEC.  2.  No  license  shall  be  issued  to  any  person,  firm  or 
•corporation  except  the  amount  required  for  said  license  shall 
have  been  first  paid  to  the  city  treasurer,  and  upon  presentation 
•of  his  receipt  to  the  officer  authorized  to  issue  such  license, 
and  complying  with  the  provisions  of  this  chapter  in  reference 
to  such  license,  the  same  shall  be  issued  to  the  person,  firm  or 
corporation  requiring  the  same. 

[October  21,  1890.] 

Applications— How  License  Issued— Record. 

SEC.  3.  All  applications  for  license  shall  be  made  in  writ- 
ing to  the  mayor.  All  licenses,  except  liquor  licenses,  shall  be 
issued  and  signed  by  the  mayor,  or  presiding  officer  of  the  city 
council,  and  attested  by  the  city  recorder  under  the  seal  of  the 
city.  The  recorder  shall  keep  an  alphabetical  list  of  licenses 
issued,  stating  the  number,  name,  time,  place  and  kind  of  busi- 
ness, and  the  amount  paid,  with  such  remarks  as  may  be  con- 
sidered necessary. 

[February  14,  1888.] 


250  LICENSES. 


What  License  to  Contain— Assignment. 

SEC.  4.  Every  such  license  shall  specify  by  name  the  per- 
son, firm  or  corporation  to  whom  it  shall  be  issued,  and  shall 
designate  the  particular  place  at  which  the  business  shall  be 
carried  on.  No  license  granted  or  issued  under  any  of  the  pro- 
visions of  this  chapter,  or  otherwise,  shall  be  in  any  manner 
assignable  or  transferable,  or  authorize  any  person  other  than 
is  therein  mentioned  or  named,  to  do  business,  or  authorize  any 
other  business  than  is  therein  mentioned  or  named  to  be  done 
or  transacted,  or  the  business  therein  mentioned  or  named  to  be 
done  or  transacted,  at  any  place  other  than  is  therein  men- 
tioned or  named,  unless  by  permission  of  the  mayor  endorsed 
on  such  license. 

[February  14,  1888.]       . 

* 
]tfo  Rebate  Allowed— Exceptions. 

SEC.  5.  No  rebate  shall  be  allowed  upon  any  license,  unless- 
in  case  wherein  the  party  or  parties  to  whom  a  license  has  been 
issued  has  been  damaged  by  fire  or  other  unforeseen  accident; 
or  unless  in  case  of  affliction  or  poverty.  And  is  such  cases  the 
council  shall  have  discretionary  power  as  to  what,  if  any, 
amount  shall  be  rebated. 

[November  10,  1891;  November  24,  1891.] 

Evidence  of  Liability  to  Pay  License. 

SEC.  6.  In  any  action  brought  under  or  arising  out  of  the 
provisions  of  this  ordinance,  the  fact  that  the  party  thereto  rep- 
resented himself  or  herself  as  engaged  in  any  business  or  calling, 
for  the  transaction  of  which  a  license  is  by  city  ordinance,  re- 
quired, or  that  such  party  exhibit  a  sign  indicating  such  busi- 
ness or  calling,  shall  be  conclusive  evidence  of  the  liability  of 
such  party  to  pay  for  a  license. 

[November  24,  1891.] 

Quarterly  and  Half-Yearly  Licenses. 

SEC.  7.  Licenses  for  any  vocation  or  business  for  which  a 
yearly  license  is  required,  may  be  issued  for  terms  of  six 
months,  upon  the  payment  of  seven  per  cent,  additional  upon 


LICENSES.  251 


one-half  of  the  amount  of  the  yearly  license;  and  for  terms  of 
three    months,    upon  the    payment  of  ten  per   cent,    on   one- 
fourth  of  such  yearly  license. 
[February  14,  1888.] 

Free  lacenses,  When  May  Be  Given. 

SEC.  8.  If  any  person  shall  furnish  such  evidence  as  shall 
satisfy  the  committee  on  license  that  he  or  she,  by  reason  of 
misfortune  or  physical  infirmities,  merits  exemption  from  the 
payment  of  any  license  herein  required,  the  mayor  may  remit 
such  license  upon  the  recommendation  of  a  majority  of  such 
committee ;  Provided,  that  no  license  to  manufacture  or  sell 
intoxicating  liquors  shall  be  remitted. 

[February  14,  1888.] 

Penalty. 

SEC.  9.  Whoever  violates  any  of  the  provisions  or  require- 
ments contained  in  this  chapter,  where  the  penalty  is  not  pro- 
vided, shall  be  punished  by  fine  not  exceeding  one  hundred  dol- 
lars, or  by  imprisonment  not  exceeding  one  hundred  days,  or 
both. 

Auctioneers — License  Required — Bond. 

SEC.  10.  No  person  shall  be  allowed  to  sell  or  expose  for 
sale,  by  way  of  vendue,  or  auction,  any  property  within  the 
limits  of  said  city,  without  first  obtaining  a  license  for  such 
purpose,  for  which  such  person  shall  pay  into  the  city  treasury- 
the  sum  of  one  hundred  dollars  and  give  a  bond  to  said  city, 
with  approved  securities,  in  the  sum  of  one  thousand  dollars,, 
conditioned  for  the  honest  and  due  performance  of  all  duties  as 
herein  required,  which  bond  shall  be  approved  by  the  city  re- 
corder and  filed  in  his  office. 

[February  14,  1888  ;  November  24,  1891.] 

Auctioneers  to  Give  Receipts  for  Goods. 

SEC.  11.  All  auctioneers  so  licensed  shall  receive  all  arti- 
cles which  they  may  be  required  to  sell  at  auction,  and  give  re- 
ceipts for  the  same ;  and  at  the  close  of  any  sale  shall  deliver  a 
fair  account  of  such  sale  and  pay  the  amount  received  for  such/* 


•252  LICENSES. 


articles  to  the  person  or  persons  entitled  thereto,  deducting 
therefrom  a  commission  not  to  exceed  ten  per  cent,  on  the 
amount  of  such  sales. 

[February  14,  1888.] 

Auctioneers  Forbidden  to  Make  Obstructions. 

SEC.  12.  All  auctioneers  are  hereby  forbidden  to  sell,  or 
expose  for  sale,  any  kind  of  property  so  near  to  the  streets  as  to 
cause  people  to  gather  in  crowds  on  the  sidewalks  so  as  to  ob- 
struct the  same,  or  to  use  immoral  or  indecent  language  in  cry- 
ing their  goods,  or  to  make  noisy  acclamations  or  ring  bells 
through  the  streets  in  advertising  their  goods  or  chattels. 
Nothing  herein  shall  be  so  construed  as  to  prohibit  any  sheriff, 
constable  or  other  officer,  whose  duty  shall  require  him  to  sell 
property  at  public  auction,  from  so  doing. 

[February  14, 1888.] 

Boarding-Houses—Sworn  Statement— License. 

SEC.  13.  Whoever  shall  rent  rooms,  furnished  or  unfur- 
nished, and  board  the  occupants  of  such  rented  rooms,  or  board 
not  exceeding  twenty  persons,  shall  be  deemed  a  boarding-house 
keeper.  Every  boarding-house  keeper  shall  make  a  statement 
as  to  the  location  of  the  house,  the  number  of  rooms  contained 
in  such  house,  and  the  number  of  persons  which  such  house 
will  reasonably  accommodate,  which  statement  shall  be  sworn 
to  before  the  mayor  or  recorder.  The  recorder  shall  file  all 
such  statements,  and  yearly  licenses  may  be  issued  thereon  as 
follows : 
For  houses  containing  rooms  which  will  accommodate 

over  ten  persons  and  not  exceeding  twenty  persons . .  $20.00 
And  all  houses  containing  rooms  which  will  accommodate  over 
twenty  persons  shall  be  deemed  to  be  hotels. 

[June  19,  1883;  February  14,  1888;  November  24,  1891.] 

Billiard  or  Pool  Tables— Ten-Pin  Alley. 

SEC.  14.  No  person  shall  keep  or  use  in  any  public  place 
in  this  city  any  billiard  or  pool  table  or  tables,  or  any  pin  or 
-ball  alley,  or  nine  or  ten-pin  alley  or  alleys,  or  the  runway  or 


LICENSES.  253; 


runways  of  either  thereof,  in  or  on  which  games  are  played,, 
without  first  obtaining  a  license  and  paying  a  tax  therefor,  as 
hereinafter  provided. 
[April  15,  1884] 

Billiard  Tables— Number— Amount  of  License. 

SEC.  15.  All  applications  for  licenses  contemplated  by  the 
preceding  section  shall  state  the  number  and  kind  of  tables,  pin 
or  ball  alleys,  or  nine  or  ten-pin  alleys,  and  the  runways  thereof, 
to  be  licensed,  and  the  place  of  "keeping  the  same.  Upon  the 
filing  of  such  application,  and  upon  payment  into  the  city 
treasury  of  forty  dollars  per  annum  for  each  and  every  such 
table,  and  of  forty  dollars  per  annum  for  each  and  every  pin  or 
ball  alley  or  nine  or .  ten-pin  alley,  and  the  runway  thereof, 
specified  in  said  application,  yearly  licenses  may  be  issued 
thereon. 

[April  15,  1884;  February  14,  1888.] 

Billiard  Tables,  etc.,  Not  to  Be  Used  Sunday. 

SEC.  16.  Every  person  who  keeps  for  use  in  any  public 
place  in  this  city  any  billiard  or  pool  table  or  tables,  or  any  pin 
or  ball  alley,  or  nine  or  ten-pjn  alley  or  alleys,  or  the  runway  or 
runways  of  either  thereof^  without  first  obtaining  a  license 
therefor,  as  hereinafter  provided,  or  who  permits  any  such  bil- 
liard or  pool  table  or  tables,  or  any  such  pin  or  ball  alley,  or 
nine  or  ten-pin  alley  or  alleys,  or  the  runway  or  runways  of 
either  thereof,  to  be  used  on  the  first  day  of  the  week,  com- 
monly called  Sunday,  shall,  for  each  and  every  such  offense, 
upon  conviction,  be  punished  by  fine  in  any  sum  not  exceeding 
one  hundred  dollars,  or  by  imprisonment  in  the  city  jail  not 
exceeding  one  hundred  days,  or  by  both  such  fine  and  imprison- 
ment, at  the  discretion  of  the  court. 

[April  15,  1884;  February  14,  1888.] 

Fresh  Meat  Dealers. 

SEC.  17.  Every  person,  firm  or  corporation,  before  engag- 
ing in  the  business  of  selling  fresh  meats  within  this  city,  must 
obtain  a  license  therefor.  Before  such  license  is  issued,  there 
shall  be  filed  with  the  recorder  an  application,  which  shall  show 
the  name  of  the  applicant,  his  place  of  business,  the  period  for 


"254  LICENSES. 


which  such  license  is  desired,  and  must  also  show,  on  oath,  the 
.amount  of  sales  made  or  business  done  by  him  for  the  month 
next  preceding,  provided  said  business  has  been  transacted 
during  that  time,  and,  if  not,  approximate  from  the  best  infor- 
mation to  be  obtained  of  the  business  to  be  done.  Any  person 
violating  any  of  the  provisions  of  this  section  shall,  upon  con- 
viction, be  fined  in  any  sum  less  than  one  hundred  dollars. 
[April  17,  1888.  See  section  32  of  this  chapter.] 

Hotels  or  Taverns — Statenjent— License. 

SEC.  18.  Whoever  shall  keep  any  public  house,  with 
lodging  rooms  for  the  accommodation  of  more  than  twenty 
persons,  is  declared  to  be  a  tavern  or  hotel  keeper.  Every 
tavern  or  hotel  keeper  shall  make  a  statement  of  the  number  of 
rooms  of  all  kinds  his  house  contains,  which  statement  shall  be 
sworn  to  before  the  mayor  or  the  city  recorder,  by  the  tavern  or 
hotel  keeper  or  his  duly  authorized  agent.  The  recorder  shall 
file  all  such  statements  in  alphabetical  order,  and  yearly  licenses 
may  be  issued  thereon,  as  follows,  viz. : 

Over  100  rooms  shall  constitute  first  class,  and  shall  pay .  $200 
Over  75  to  100  rooms  shall  constitute  second  class,  and 

shall  pay 150 

Over  50  to  75  rooms  shall  constitute  third  class,  and  shall 

pay .' 100 

Over  25  to  50  rooms  shall  constitute  fourth  class,  and  shall 

pay 50 

Twenty-five  rooms  and  under  shall  constitute  fifth  class, 

and  shall  pay 25 

[February  14,  1888;  November  24,  1891.] 

Liquors— 'License  From  City  Council. 

SEC.  19.  No  person  shall  manufacture,  sell,  barter,  deal  out 
or  otherwise  dispose  of  any  spirituous,  vinous,  malt  or  other  in- 
toxicating liquors,  without  first  obtaining  from  the  city  council 
a  license  therefor  as  hereinafter  provided. 

[March  14,  1882.] 

Liquor  at  Retail  and  Wholesale. 

SEC.  20.  Any  person  (or  persons)  who  engages  in  the  sale 
of  spirituous,  vinous,  malt  or  other  intoxicating  liquors,  both  at 


LICENSES.  255 

retail  and  wholesale,  in  Salt  Lake  City,  may  conduct  said  busi- 
ness by  procuring  a  retail  license  and  giving  bond  in  the  man- 
ner prescribed  in  section  22  of  this  chapter ;  Provided,  that 
only  one  bar  be  run  upon  said  premises,  and  that  said  business 
be  conducted  under  the  same  roof  and  upon  the  same  floor.  A 
further  privilege  is  hereby  granted  under  said  license  for  cellar 
or  store-house  conveniences,  said  cellar  or  store-house  to  be  used 
exclusively  for  storage  purposes. 
[November  10,  1891.] 

Liquor  License  Applications  and  Bond. 

SEC.  21.  Applications  for  such  license  shall  be  made  by 
petition  to  the  city  council,  signed  by  the  applicants  and  filed 
with  the  recorder.  Said  petition  must  state  definitely  the  par- 
ticular place  at  which  the  said  liquors  are  to  be  manufactured, 
sold,  bartered,  dealt  out  or  otherwise  disposed  of,  and  whether 
at  wholesale  or  retail.  The  applicant  shall  also  file  with  the  pe- 
tition a  bond  to  Salt  Lake  City,  conditioned  that  during  the  con- 
tinuance of  his  license  he  will  keep  an  orderly  and  well-regu- 
lated house,  that  he  will  not  pillow  gambling  with  cards,  dice  or 
any  other  device  or  implements  used  in  gambling,  within  his 
house  where  such  business  is  conducted  ;  that  he  will  pay  all 
damages,  fines  and  forfeitures  which  may  be  adjudged  against 
him  iinder  the  provisions  of  this  chapter  and  an  act  of  the  Gov- 
ernor and  Legislative  Assembly  of  the  Territory  of  Utah,  enti- 
tled, "An  act  licensing  and  regulating  the  manufacturing  and 
sale  of  intoxicating  liquors,"  approved  February  29,  1884,  and 
the  amendments  thereto.  Said  bond  shall  be  in  the  sum  of  one 
thousand  dollars,  with  two  or  more  sureties,  to  be  approved  by 
the  mayor.  Said  sureties  must  justify  on  oath  before  some  offi- 
cer authorized  to  administer  oaths  that  they  are  residents  within 
the  Territory,  and  are  worth  the  amount  specified  in  said  bond 
over  and  above  all  other  debts  and  liabilities,  exclusive  of  prop- 
erty exempt  from  execution.  Such  justification  shall  be  in 
writing,  signed  by  the  persons  justifying  and  certified  to  by 
said  recorder,  and  be  attached  to  and  filed  with  the  bond. 

[March  14,  1882.] 


256  LICENSES. 


Liquor  License  for  Three  Months— Certificate. 

SEC.  22.  On  the  city  council  granting  the  license  peti- 
tioned for,  which  shall  be  for  the  period  of  three  months,  the 
applicant  shall  pay  into  the  city  treasury  the  amount  hereinafter 
specified  for  such  license,  and  shall  receive  the  treasurer's 
receipt  therefor,  and  present  the  same  to  the  recorder,  who  shall 
thereupon  issue  to  the  applicant  a  certificate  of  license,  which 
certificate  shall  state  the  name  of  the  person  or  persons  licensed, 
the  place  of  business,  the  kind  or  kinds  of  liquors  to  be  manu- 
factured, sold,  bartered  or  otherwise  disposed  of,  the  date  of 
commencement  and  expiration  of  such  license  and  the  class  of 
business  to  be  conducted  under  said  license;  that  the  person  or 
persons  named  therein  are  duly  authorized  to  carry  on  the  busi- 
ness of  manufacturing,  selling,  bartering  or  otherwise  disposing 
of  intoxicating  liquors,  as  the  case  may  be,  at  the  place  and  for 
the  time  therein  specified,  and  that  the  license  is  not  transfer- 
able. Said  certificate  shall  be  signed  by  the  recorder,  who  shall 
seal  the  same  with  the  seal  of  the  city. 

[March  14,  1882.] 

Liquor — Terms  Defined. 

SEC.  23.  A  manufacturer,  as  contemplated  in  this  chapter,, 
is  one  who  manufactures  any  of  the  before-mentioned  liquors, 
and  sells  the  same  at  wholesale,  as  follows:  If  in  kegs,  not  less 
than  two  gallons;  if  in  bottles,  not  less  than  one  dozen;  but  no- 
such  liquor  shall  be  sold  or  otherwise  disposed  of  to-  be  drunk 
on  the  premises  where  manufactured. 

A  wholesale  dealer,  as  contemplated  in  this  chapter,  is  one 
who  sells  or  otherwise  disposes  of  such  liquors  in  any  quantity 
not  to  be  drunk  on  the  premises  where  sold. 

A  retail  dealer,  as  contemplated  in  this  chapter,  is  one  who* 
sells  or  otherwise  disposes  of  such  liquors  in  any  quantity,  and 
also  by  the  glass  or  dram,  to  be  drunk,  on  the  premises  where- 
sold. 

[March  14,  1882.] 


LICENSES.  257 


Liquor— Amount  of  License. 

SEC.  24.  The  following-named  sums  shall  be  paid  into  the 
city  treasury  in  advance  for  each  license  granted,  as  herein  pro- 
vided: 

First — As  a  manufacturer,  $150. 

Second — As  a  wholesale  dealer,  $250. 

Third— As  a  retail  dealer,  $300. 

For  each  and  every  bar  at  which  malt,  vinous  or  spirituous- 
liquors  are  retailed,  and  each  license  for  a  retail  dealer  shall 
distinctly  specify  that  said  license  is  for  one  bar  only. 

[March  14,  1882;  December  11,  1888;  June  10,  1890.] 

Liquor— License  for  Bottling  or  Cask  ing. 

SEC.  25.  Any  person  (or  persons)  who  engages  in  the- 
business  of  bottling  or  casking,  by  process  of  machinery,  or 
who  establishes  a  plant  for  the  purpose  of  bottling  any  spiritu- 
ous, vinous,  malt  or  other  intoxicating  liquors  in  Salt  Lake  City, 
which  are  not  prepared  or  manufactured  in  Salt  Lake  county, 
and  selling  tho  same,  shall  pay  to  the  city  treasurer,  in  advance, 
the  sum  of  one  hundred  ^nd  fifty  ($150)  dollars  per  quarter^ 
and  give  bond  in  the  same  manner  as  prescribed  in  section  21 
of  this  chapter,  pertaining  to  manufacturers  of  liquor. 

[November  10,  1891.] 

Liquor  Selling  to  Indians,  Minors,  etc.,  Forbidden. 

SEC.  26.  Any  person,  be  be  owner,  agent,  bar-tender  or 
employe  who  shall  knowingly,  give,  sell,  or  otherwise  dispose 
of  any  intoxicating  drink  to  an  Indian,  insane  or  idiotic  person, 
or  to  any  minor,  apprentice  or  employe  under  the  age  of  twenty- 
one  years,  without  the  consent,  in  writing,  of  the  parents,  guard- 
ians or  employer  thereof,  or  who  shall  permit  any  Indian, 
insane  or  idiotic  person  or  employe  under  twenty-one  years  of 
age,  or  any  female  to  be  and  remain  in  his  place  of  business 
where  liquors  are  sold,  after  the  hour  of  nine  o'clock  p.  m., 
shall  be  held  and  deemed  guilty  of  a  misdemeanor,  and,  011  con- 
viction thereof,  be  fined  not  less  than  twenty-five  nor  more  than 
one  hundred  dollars,  or  be  imprisoned  for  a  period  not  exceed- 
ing one  hundred  days,  or  both  such  fine  and  imprisonment,  and 
shall  pay  all  costs  of  prosecution  for  every  such  offense. 

[March  14,  1882,  March  18,  1890.] 

17 


258  LICENSES. 


Liquor  Selling  on  Sunday  Prohibited. 

SEC.  27.  Any  person  licensed  as  aforesaid,  or  any  person 
neglecting  or  refusing  to  obtain  a  license  as  herein  provided, 
who  shall  sell,  give  away  or  otherwise  dispose  of  any  intoxicat- 
ing drink  at  any  time  during  the  first  day  of  the  week,  commonly 
•called  Sunday,  except  he  be  a  druggist,  and  then  only  for  medi- 
•  cinal  purposes,  upon  the  prescription  of  a  regularly  licensed 
physician,  shall,  upon  conviction  thereof,  be  fined  in  any  sum 
not  exceeding  one  hundred  dollars,  or  be  imprisoned  for  a 
.period  not  exceeding  one  hundred  days,  or  both  such  fine  and 
imprisonment. 

[March  14,  1882.] 

L i q  nor    <»  a  in  l» I  i  ii» .  etc.,  Prohibited  Where  Sold. 

SEC.  28.  It  shall  be  unlawful  for  any  person  to  permit,  at 
any  place  under  his  control  where  intoxicating  liquors  are  sold, 
any  gambling,  with  or  without  betting,  by  means  of  dominoes, 
-cards,  dice  or  other  articles,  every  game  of  chance,  and  every  other 
description  of  gaming  or  gambling.  He  shall  prohibit  music, 
dancing,  drunkenness  and  all  disorderly  conduct  on  his  prem- 
ises. 

[March  14,  1882;  February  14,  1888.] 

Liquor— Election  Days  and  Holidays. 

SEC.  29.  The  mayor,  whenever,  in  his  judgment,  the 
peace,  good  order  and  safety  of  the  city  or  its  inhabitants  shall 
require  it,  and  on  municipal,  county  and  Territorial  election 
days,  and  on  all  legal  holidays,  may,  by  proclamation,  forbid 
the  sale,  barter,  dealing  out  or  otherwise  disposing  of  spirituous, 
vinous,  malt,  or  other  intoxicating  liquors  for  any  given  period, 
not  to  exceed  twenty-four  hours  at  any  one  time,  and  any  person 
who  shall  sell,  barter  or  give  away  any  such  liquors  in  contra- 
vention of  such  proclamation,  shall,  on  conviction,  be  fined  in  any 
sum  not  exceeding  one  hundred  dollars  for  each  offense. 

[March  14,  1882;  February  14,  1888.] 

Livery  Stables— Amount  of  License. 

SEC.  30.  A  livery  stable  keeper  is  one  who  keeps  for  hire 
horses,  carriages  or  other  vehicles.  Every  livery  stable  keeper 


LICENSES.  259 


shall  make  a  statement  of  the  number  of  animals  and  vehicles 
of  all  descriptions  to  be  kept  by  him,  which  statement  shall  be 
sworn  to,  before  the  mayor  or  city  recorder,  by  the  livery  stable 
keeper  or  his  duly  authorized  agent.  The  city  recorder  shall 
file  all  such  statements,  and  may  issue  yearly  licenses  thereon 
as  follows,  viz.: 

For  35  vehicles  and  over  with  animals,  $200  yearly. 
For  20  to  35  vehicles  with  animals,  $100  yearly. 
For  more  than  10  and  less  than  20  vehicles  with  animals, 
$60  yearly. 

For  5  and  under  10  vehicles  with  animals,  $30  yearly. 
For  less  than  5  vehicles  with  animals,  $15  yearly. 
[February  14,  1888;  November  24,  1891.] 

Merchants,  Retailers,  Bankers,  etc.— Amount  of  License. 

SEC.  31.  Every  merchant  and  retailer,  before  commencing 
or  carrying  on  his  business,  shall  make  a  statement  of  the  cash 
value  of  all  goods,  wares  and  other  merchandise  which  he  may 
have  in  his  possession  or  under  his  control,  whether  owned  by 
him  or  consigned  to  him  for  sale,  which  statement  shall  be 
sworn  to  before  the  city  treasurer  or  city  recorder,  by  the  mer- 
chant making  it,  or  his  duly  authorized  agent;  Provided,  that  if 
any  merchant  shall  increase  his  stock  beyond  the  limit  of  his 
class  of  business  during  the  period  of  his  license,  he  shall  pro- 
cure an  additional  license  for  such  increase.  Every  banker, 
broker  and  money  changer  shall  make  a  statement,  under  oath, 
sworn  to  before  the  mayor  or  recorder,  of  the  value  or  amount 
of  the  capital  employed  in  his  business.  The  recorder  shall  file 
all  such  statements  in  alphabetical  order,  and  yearly  licenses 
may  be  issued  thereon  as  follows: 


Over  $500,000  shall  constitute  first  class,  and  pay 

Over  $400,000  and  not  exceeding  $500,000  shall  constitute 

second  class,  and  pay 450 

Over  $300,000  and  not  exceeding  $400,000  shall  constitute 

third  class,  and  pay 400 

Over  $200,000  and  not  exceeding  $300,000  shall  constitute 

fourth  class,  and  pay 350 


260  LICENSES. 


Over  $100,000  and  not  exceeding  $200,000  shall  constitute 

fifth  class,  and  pay $300 

Over  $75,000  and  not  exceeding  $100,000  shall  constitute 

sixth  class,  and  pay 250 

Over  $60,000  and  not  exceeding  $75,000  shall  constitute 

seventh  class,  and  pay 225 

Over  $50,000  and  not  exceeding  $60,000  shall  constitute 

eighth  class,  and  pay. . . . '. 200 

Over  $40,000  and  not  exceeding  $50,000  shall  constitute 

ninth  class,  and  pay 175 

Over  $30,000  and  not  exceeding  $40,000  shall  constitute 

tenth  class,  and  pay 150 

Over  $20,000  and  not  exceeding  $30,000  shall  constitute 

eleventh  class,  and  pay 125 

Over  $15,000  and  not  exceeding  $20,000  shall  constitute 

twelfth  class,  and  pay 100 

Over  $10,000  and  not  exceedin'g  $15,000  shall  constitute 

thirteenth  class,  and  pay 90 

Over  $8,000  and  not  exceeding  $10,000  shall  constitute 

fourteenth  class,  and  pay 80 

Over  $5,000  and  not  exceeding  $8,000  shall  constitute  fif- 
teenth class,  and  pay 70 

Over  $4,000  and  not  exceeding  $5,000  shall  constitute  six- 
teenth class,  and  pay 60 

Over  $3,000  and  not  exceeding  $4,000  shall  constitute 

seventeenth  class,  and  pay 50 

Over  $2,000  and  not  exceeding  $3,000  shall  constitute 

eighteenth  class,  and  pay 40 

Over  $1,000  and  not  exceeding  $2,000  shall  constitute 

nineteenth  class,  and  pay 30 

Over  $500  and  not  exceeding  $1,000  shall  constitute  twen- 
tieth class,  and  pay 25 

Over  $200  and  not  exceeding  $500  shall  constitute  twenty- 
first  class,  and  pay 15 

Not  exceeding  $200  shall  constitute  twenty-second  class, 

and  pay 10 

Provided,  that  under  classes  twenty-one  and  twenty-two  no 
person  shall  have  the  right  to  sell  tobacco  and  cigars.     The  pro- 


LICENSES.  261 


visions  of  this  section  shall  not  be  construed  to  authorize  any 
person  to  sell  spirituous,  vinous  or  fermented  liquors  in  any 
quantity. 

[February  14,  1888.] 

Miscellaneous  licenses— Amount  of. 

SEC.  32.  Every  person,  before  engaging  in  or  pursuing 
any  business,  vocation  or  calling  hereinafter  mentioned  shall 
obtain  a  license  so  to  do,  and  make  yearly  (except  where  other- 
wise provided)  payments  into  the  city  treasury,  in  advance,  as 
follows  : 

For  a  license  as  assayer $12 

For  a  license  for  building,  loans,  discount  and  investment 

institutions,  when  outside  capital  is  employed 50 

For  a  license  for  baggage  wagons 10 

For  a  license  for  bill-postef s 25 

For  a  license  for  butchers  or  slaughterers 25 

For  a  license  for  coal  yards,  to  run  5  wagons  or  less 50 

For  a  license  for  coal  yards,  to  run  over  5  wagons  and 

under  10  wagons 100 

For  a  license  for  coal  yards,  to  run  over  10  wagons 200 

For  a  license  for  sleight-of-hand  or    other  trick  amuse- 
ments, per  day 15 

For  a  license  for  slack-rope  performances,  per  day 10 

For  a  license  for  apparatus,  per  day 2 

For  a  license  for  machines,  per  day 2 

For  a  license  for  freaks  of  nature,  per  day 2 

For  a  license  for  learned  or  skilled  animals,  per  day ....  2 

For  a  license  for  natural  curiosities,  per  day 2 

For  a  license  for  any  other  exhibition  whatsoever,  for  the 

trial  or  test  of  skill,  not  herein  specified,  per  day ...  2 
For  a  license  for  a  circus  or  equestrian  exhibition  or  cir- 
cus and  menagerie,  for  each  performance,  not  less 

than  $50  nor  more  than 200 

At  the  discretion  of  the  city  council. 

For  a  license  for  a  traveling  menagerie,  for  each  exhibi- 
tion . .  50 


262  LICENSES. 


For  a  license  for  a  theater,  concert  hall  or  other  place  of 
amusement  not  otherwise  provided  for  in  this  chapter,  having  a 
seating  capacity  of  1,000  persons  or  more,  $200  per  annum  or  $5 
for  each  performance;  where  the  seating  capacity  thereof  is  less 
than  for  1,000  and  more  than  500  persons,  $100  per  annum  or 
$2.50  for  each  performance,  and  where  the  seating  capacity 
thereof  is  less  than  for  500  persons,  $50  per  annum  or  $1.25  for 
each  performance. 

For  a  license  for  a  concert,  ball,  lecture,  trick  or  ledgerde- 
main,  or  any  other  exhibition,  show  or  amusement  not  herein 
otherwise  provided  for,  where  the  seating  capacity  of  the  build- 
ing or  other  place  in  which  the  same  is  held  or  performed  is 
greater  than  for  1,000  persons,  $5  for  each  performance  or  exhi- 
bition; where  the  seating  capacity  thereof  is  less  than  for  1,000 
and  more  than  500  persons,  $2.50  for  each  performance  or  exhi- 
bition; and  where  the  seating  capacity  thereof  is  for  less  than 
500  persons,  $1.25  for  each  performance  or  exhibition. 

And  the  right  is  reserved  and  the  mayor  may  refuse  a 
license  for  any  of  the  above  exhibitions. 

For  a  license  to  sell  or  otherwise  dispose  of  tickets  of  ad- 
mission to  any  theater,  concert,  circus,  or  other  place  of  amuse- 
ment, by  any  person  other  than  the  proprietor  or  manager 
thereof  or  his  duly  authorized  agent, 


For  a  license  to  sell  fresh  meat,  sales  less  than  $500  per 

month $  25 

For  a  license  to  sell  fresh  meat,  sales  over  $500  and  less 

than  $1,000  per  month , 40 

For  a  license  to  sell  fresh  meat,  sales  over  $1,000  and  less 

than  $2,500  per  month HO 

For  a  license  to  sell  fresh  meat,  sales  over  $2,500  and  less 

than  $5,000  per  month.. 75 

For  a  license  to  sell  fresh  meat,  sales  over  $5,000  per 

month 125 

For  a  license  for  a  feed  and  boarding  stable 30 

For  a  license  for  intelligence  or  employment  office 100 

For  a  license  for  ice  wagons,  each 10 

For  a  license  for  lodging  rooms,  exclusively  without 

board,  forty  rooms  and  over 50 


LICENSES.  263 


For   a   license   for   lodging   rooms,   exclusively  without 

board,  less  than  forty  rooms  and  over  twenty -five ....  $  25 
For  a  license  for  lodging  rooms,  exclusively  without 

board,  less  than  twenty-five  rooms  and  over  ten 12 

For  a  license  for  ore  samplers  or  crushers  or  smelters, 

yearly 25 

For  a  license  for  oil  company  for  storing  oil,  yearly 50 

For  a  license  for  oil  and   (or)   gasoline  wagons,  each, 

yearly 15 

For  a  license  for  photographers,  yearly 25 

For  a  license  for  public  weighers  (bond  $500),  yearly.  . .         12 

For  a  license  for  real  estate  agents,  yearly 25 

For  a  license  for  solicitors  of  crayon,    oil  or   other   art 
productions,  and  enlargers  of  portraits  or  pictures, 

yearly 25 

For  a  license  for   telephone   and   telegraph   companies, 

each,  yearly S, 100 

For  a  license  for  railroad  ticket  peddlers,  yearly 150 

For  a  license  for  contracting  electricians  (bond  $1,000), 

each,  yearly 25 

For  a  license  for  a  shooting  gallery,  yearly 50 

For  a  license  as  insurance  agent,  for  each  company  rep- 
resented, yearly 25 

For  a  license  as  sewing  machine  agent,  for  each  company 

represented,  yearly 25 

For  a  license  as  express  company,  yearly 100 

For  a  license  as  hotel  runner,  yearly 50 

Every  hotel  runner,  while  engaged  in  his  employment,  shall 
wear  an  appropriate  badge,  with  the  name  of  the  hotel  repre- 
sented by  him  inscribed  thereon. 

For  a  license  for  a  skating  rink,  yearly 


[June  14,  1887;  February  14,  1888;  January  8,  1889;  No- 
vember 24,  1891.] 

Passenger  and  Other  Vehicles. 

SEC.  33.     Every  hackman,  drayman,  carter,  porter,  omnibus- 
driver,  cabman,  packer  and  carman,  plying  his  vocation  upon  the- 


LICENSES. 


streets  of  Salt  Lake  City,  shall  be  licensed  aud  pay  therefor, 
annually,  in  advance,  as  follows: 

First — Upon  a  license  to  run  an  omnibus $  25 

Second — Upon  a  license  to  run  a  carriage,  express  wagon, 

cab,  coach,  hack  or  other  passenger  vehicle  drawn  by 

two  or  more  horses 20 

Third — Upon  a  license  to  run  a  buggy,  cab,  express 

wagon  or  other  passenger  vehicle  drawn  by  one  horse  15 
Fourth — Upon  a  license  to  run  a  dray,  truck,  wagon  or 

other  such  vehicle  drawn  by  two  or  more  horses ....  12 
Fifth — Upon  a  license  to  run  a  dray,  truck,  wagon  or 

other  such  vehicle  drawn  by  one  horse 9 

[February  14,  1888.] 

Drays,  etc.,  to  Be  Numbered. 

SEC.  34.  All  drays,  trucks,  express  and  job  wagons,  licensed 
as  hereinbefore  provided,  shall  be  numbered  with  plain  figures, 
painted  on  metallic  plates,  not  less  than  three  inches  long  and 
two  inches  wide,  which  shall  always  be  kept  conspicuously  in 
view ;  said  numbers  shall  be  furnished  with  the  license  by  the 
city  recorder. 

[February  14,  1888.] 

Pawn  brokers  Defined. 

SEC.  35.  Any  person  within  the  city  of  Salt  Lake  who 
loaus  money  on  deposit  of  personal  property,  or  deals  in  the 
purchase  or  possession  of  personal  property  on  condition  of 
selling  the  same  back  again  to  the  pledgee  or  depositor,  or  who 
loans  or  advances  money  on  personal  property  by  taking  chattel 
mortgage  security  thereon,  and  takes  or  receives  such  personal 
property  into  his  possession,  is  hereby  declared  to  be  a  pawn- 
broker. 

[March  10,  1891.] 

Pawnbroker  Must  Obtain   License. 

SEC.  36.  No  person  shall,  within  the  city  of  Salt  Lake, 
carry  on  the  business  of  pawnbroker,  or  loan  money  011  deposit 
of  personal  property,  or  deal  in  the  purchase  or  possession  of 
personal  property  on  condition  of  selling  the  same  back  again 


LICENSES.  265 


to  the  pledgee  or  depositor,  or  loan  or  advance  money  on 
personal  property  by  taking  chattel  mortgage  security  thereon, 
and  take  or  receive  such  personal  property  into  his  possession, 
without  previously  having  obtained  a  license  so  to  do  under 
the  provisions  of  this  chapter. 
[March  10,  1891.] 

Pawnbroker  Must  Have  Good  Character. 

SEC.  37.  All  persons,  before  receiving  a  license  as  pawn- 
brokers, shall  produce  to  the  mayor  or  city  council  satisfactory 
evidence  of  their  good  character  to  engage  in  or  carry  on  such 
business. 

[January  9,  1871;  March  10,  1891.] 

.Pawnbroker's  License,  What  It  Shall  State. 

SEC.  38.  The  license  provided  for  in  section  36  of  this 
•chapter  shall  state  the  name  of  the  person  or  persons  to  whom 
issued,  the  place  of  business  and  street  number  where  issued 
for,  and  shall  be  a  valid  existing  license  only  for  the  place  of 
business  in  such  license  described,  and  such  license  shall  not  be 
assignable  or  transferable  except  by  permission  of  the  city 
council. 

[March  10,  1891.] 

Pawnbrokers'  Bond— Amount  of  License. 

SEC.  39.  Every  person  or  firm  of  persons  receiving  a 
license  as  pawnbroker,  within  the  corporate  limits  of  Salt  Lake 
•City,  shall,  before  receiving  such  license,  pay  into  the  city 
treasury  a  license  tax  of  one  hundred  dollars  per  annum — (no 
such  license  to  be  issued  for  a  less  period  than  six  months) — and 
shall  before  receiving  such  license  enter  into  a  joint  and  several 
bond,  with  at  least  two  sufficient  sureties,  the  same  to  be  ap- 
proved by  the  city  recorder  of  Salt  Lake  City,  in  the  penal  sum 
of  one  thousand  dollars,  conditioned  for  the  faithful  observance 
of  all  ordinances  passed  by  the  city  council,  in  force  respecting 
pawnbrokers  at  any  time  during  the  continuance  of  such 
license,  and  shall  keep  posted  up  in  his  place  of  business  a  copy 
of  all  ordinances  relating  to  pawnbrokers. 

[January  9,  1871;  February  14,  1888;  March  10,  1891.] 


266  LICENSES. 


Pawnbroker's  License,  How  Assigned. 

SEC.  40.  License  issued  under  the  provisions  of  this  ordi- 
nance may  be  assigned  or  transferred  upon  request  or  applica- 
tion first  having  been  made  to  the  city  council  and  granted,  and 
upon  payment  into  the  city  treasury  the  sum  of  five  dollars,, 
and  upon  the  execution  of  a  new  bond  by  the  person  to  whom 
such  license  is  or  may  be  transferred  or  assigned.  And  the 
city  recorder  shall  keep  a  full  and  complete  record  of  such 
assignments  or  transfers  as  of  the  first  issuance  and  renewal  of 
such  licenses. 

[March  10,  1891.] 

Pawnbroker  Shall  Keep  a  Descriptive  Book. 

SEC.  41.  Every  pawnbroker  or  person  or  firm  licensed 
under  the  provisions  of  this  ordinance  shall  keep  a  book  in 
which  shall  be  fairly  written  in  the  English  language,  at  the 
time  of  each  loan  or  receipt  of  personal  property,  an  accurate 
account  and  description  of  the  goods,  articles  or  thing  pawned 
or  received,  the  amount  of  money  loaned  or  advanced  thereon, 
the  time,  both  day  and  hour,  of  pawning  or  receiving  such 
goods,  article  or  thing,  and  the  name  and  residence  of  the 
person  pawning  or  delivering  the  said  goods,  article  or  thing, 
and  no  entry  made  in  said  book  shall  be  erased,  obliterated  or 
defaced,  and  the  said  book,  as  well  as  every  article  or  thing 
pawned,  pledged  or  deposited  shall  at  all  reasonable  times  be 
open  to  the  inspection  of  the  city  marshal,  captain  of  police  or 
any  police  officer  of  the  said  city  of  Salt  Lake. 

[January  9,  1871;  February  14,  1888;  March  10,  1891.] 

Pawnbroker's  Report  to  Chief  of  Police . 

SEC.  42.  It  shall  be  the  duty  of  every  person  licensed 
under  the  provisions  of  this  ordinance  to  make  out  and  deliver 
to  the  chief  of  police  of  said  city,  once  each  week,  a  legible  and 
accurate  copy  from  the  book  required  in  section  41  of  this 
chapter,  and  a  description  of  all  personal  property,  goods,  arti- 
cles or  things  received  on  deposit,  together  with  the  time  when 
received,  pawned,  deposited  or  purchased,  and  the  name  and 
residence  of  the  person  pawning,  depositing  or  selling  the  same. 

[March  10, 1891.] 


LICENSES.  267 


Pawnbroker  Not  to  Deal  With  Certain  Persons. 

SEC.  43.  No  pawnbroker  shall  receive  any  goods,  article 
or  thing  in  pawn  or  pledge  of  a  person  who  is  intoxicated  or 
known  to  be  an  habitual  drunkard,  a  thief  or  an  insane  person, 
or  who  shall  be  known  to  such  pawnbroker  to  be  under  the  age  of 
twenty-one  years.  Nor  shall  such  pawnbroker  employ  any  clerk 
or  person  under  the  age  of  sixteen  years  to  take  any  pledge,  nor 
shall  he  receive  any  goods  by  way  of  pawn  or  pledge  before  the 
hour  of  seven  o'clock  in  the  morning  or  after  nine  o'clock  in 
the  evening  or  on  Sunday. 

[January  9,  1871;  February  14,  1888;  March  10,  1891.] 

Pawnbroker— Penalty   tV>r  Violation. 

SEC.  44.  Any  person  or/persons  licensed  as  a  pawnbroker 
under  the  provisions  of  this  chapter,  who  shall  fail  to  comply 
with  or  violate  any  provisions  thereof,  shall,  upon  conviction, 
be  fined  any  sum  not  less  than  twenty  dollars  nor  more  than 
two  hundred  dollars  for  each  and  every  offense,  and  upon  the 
second  or  any  subsequent  conviction  of  any  person  or  persons 
licensed  under  this  chapter  as  a  pawnbroker,  the  council  may 
revoke  such  license,  and  it  shall  thereafter  be  unlawful  to  issue 
to  any  such  person  or  persons  a  license  under  the  provisions  of 
this  chapter  without  first  having  obtained  the  permission  of  the 
city  council  so  to  do. 

[March  19,  1891.] 

Peddlers  and  Hawkers. 

SEC.  45.  It  shall  not  be  lawful  for  any  person  or  persons- 
to  carry  on  the  business  of  peddling  or  hawking,  or  to  offer  for 
sale,  barter  or  exchange  at  retail,  any  garden  or  farm  product, 
fruits,  butter,  eggs,  poultry,  fish,  game,  medicine  or  other  goods, 
wares  or  merchandise,  in,  upon  or  along  the  streets  of  this  city, 
without  first  obtaining  a  license  therefor;  Provided,  however, 
that  it  shall  be  unlawful,  under  any  circumstances,  for  any  per- 
son or  persons  to  carry  on  the  business  of  peddling  or  hawking, 
or  to  offer  for  sale,  barter  or  exchange  at  retail,  any  garden  or 
farm  produce,  fruit,  butter,  eggs,  poultry,  fish,  game,  medicine 
or  other  goods,  wares  or  merchandise,  in,  upon  or  along  any  of 


:268  LICENSES. 


the  following  streets,  to-wit:  South  Temple  street  from  State 
to  West  Temple  streets,  First  South  street  from  State  to  West 
Temple  streets,  Second  South  street  from  State  to  West  Temple 
streets,  Third  South  street  from  State  to  West  Temple  streets, 
State  street  from  North  Temple  to  Third  South  streets,  East 
Temple  street  from  North  Temple  to  Third  South  streets,  West 
Temple  street  from  North  Temple  to  Third  South  streets.  And 
no  license  shall  be  granted  to  peddle  or  hawk  in,  upon  or  along 
such  streets. 

[October  20,  1885;  November  16,  1892.] 

Petldlers'  License. 

SEC.  46.  Licenses  for  peddling  or  hawking  as  above  de- 
scribed may  be  issued  for  the  term  of  one  year  on  payment,  in 
advance,  of  the  following  sums: 

For  a  license  to  peddle  fruit $10  00 

For  a  license  to  peddle  vegetables,  fruit  and  garden  pro- 
duce, butter,  eggs,  poultry  fish,  and  game 50  00 

Provided,  That  nothing  herein  shall  be  deemed  to  apply  to 
persons  offering  for  sale  butter  and  eggs,  fruit  or  vegetables 
raised  or  produced  by  themselves. 
For  a  license  to  peddle  merchandise  and  other  property, 

medicine  excepted $100  00 

For  a  license  to  peddle  merchandise  or  other  property 

of  home  manufacture  or  production 12  00 

For  a  license  to  peddle  any  bakers'  product 15  00 

For  a  license  to  peddle  or  hawk  medicine 400  00 

[October  20,  1885;  February  14, 1888;  November  24,  1891.] 

Peddlers'  Carts  to  Be   Numbered. 

SEC.  47.  Any  person  licensed  as  aforesaid,  using  a  wagon, 
cart  or  other  vehicle  in  the  business  of  peddling  or  hawking, 
shall  have  every  such  wagon,  cart  or  other  vehicle  conspicuously 
and  permanently  marked  with  the  words  "Licensed  Vendor," 
and  numbered  with  plain  figures,  painted  on  metallic  plates; 
said  numbers  shall  be  furnished  with  the  license  by  the  city 
recorder. 

[October  20,  1885.] 


LICENSES.  269' 


Plumbers  to  Obtain  License. 

SEC.  48.  No  plumber  shall  lay  any  service  pipe  or  do  any 
kind  of  plumbing  work  connected  or  to  be  connected  with  the 
Salt  Lake  City  waterworks,  unless  he  is  licensed  and  gives  bonds 
as  hereinafter  provided. 

[February  20,  1877.] 

Plumbers— Amount  of  License— Bond. 

SEC.  49.  Application  for  a  plumber's  license  shall  be  made 
in  writing  to  the  mayor,  and,  upon  payment  to  the  city  treasurer 
of  a  yearly  license  fee  of  ten  dollars,  and  giving  a  bond  with 
approved  security;  to  the  acceptance  of  the  mayor,  in  the  penal 
sum  of  one  thousand  dollars,  conditioned  for  the  faithful  ob- 
servance of  the  ordinances^fules  and  regulations  relating  to  the 
Salt  Lake  City  waterworks,  the  mayor  is  authorized  to  license 
such  applicant,  which  license  shall  be  issued  and  registered  in> 
the  same  manner  as  other  licenses. 

[February  20,  1877  ;  November  24,  1891.] 

Plumber  Must  Have  Permit. 

SEC.  50.  No  plumber  shall  make  an  extension  of  any  pipe 
or  water  fixture,  attached  to  the  water  supply,  for  the  purpose  of 
conducting  water  to  any  part  of  the  same  building,  or  adjoining 
premises,  for  any  purpose  whatever,  without  first  obtaining  a 
permit  therefor  from  the  superintendent  of  waterworks  ;  and 
plumbers,  upon  completing  any  plumbing  work  connected,  or  to 
^e  connected,  with  the  waterworks,  shall,,  within  twenty-four 
hours,  report  the  same  to  said  superintendent. 

[February  20,  1877.] 

Plumbers    Kind  of  Fixtures  to  Use. 

SEC.  51.  No  stop  or  draw  cocks  shall  be  used  in  connection* 
with  the  waterworks  except  the  kind  known  as  compression 
cocks.  Slide  valves  may  be  used  to  fill  railroad  or  other  tanks 
when  a  waste  is  not  wanted,  and  where  the  pipes  are  thoroughly 
protected  from  frost,  also  for  hose  connections,  or  where  a  sep- 
arate waste  is  used.  No  other  than  regulation  curb  boxes  and 
curb  and  cellar  cocks,  samples  of  which  shall  be  kept  in  the- 


'270  LICENSES. 


superintendent's  office,  shall  be  used  in  connection  with  the 
waterworks.  The  size  of  all  service  pipe  shall  be  determined 
by  the  superintendent  of  waterworks  when  the  application  for 
water  is  filed,  but  no  service  pipe  shall  be  larger  than  that  ex- 
tending from  the  main  to  the  curb.  All  pipes  inside  of  build- 
ings must  be  of  galvanized  iron. 

[February  20,  1877;  February  14,  1888.] 

Plumber— Penalty  for  Violation. 

SEC.  52.  Any  licensed  plumber  who  shall  violate  any.  of 
the  provisions  of  sections  50  and  51  of  this  chapter  shall,  in  ad- 
dition to  the  penalty  prescribed  in  section  9  of  this  chapter, 
forfeit  his  license,  which  shall  not  be  renewed  for  a  term  of 
three  months. 

[February  20,  1877;  February  14,  1888.] 

Restaurant  Keeper —^License — Xo  Liquor*. 

SEC.  53.  Whoever  shall  keep  any  house  or  place  for  fur- 
nishing meals  without  lodging,  within  this  city,  is  declared  to 
be  a  restaurant  keeper.  Every  restaurant  keeper  shall  make  a 
statement  of  the  greatest  number  of  persons  he  can  furnish 
with  meals  at  one  time,  which  statement  shall  be  sworn  to,  be- 
fore the  city  treasurer  or  city  recorder,  by  the  restaurant  keeper 
or  his  duly  authorized  agent.  The  city  recorder  shall  file  all 
such  statements,  and  yearly  licenses  may  be  issued  thereon  as 
follows,  viz.: 

For  all  restaurants  able  to  accommodate  thirty  or  more 

guests  at  one  time $75 

For  all  restaurants  unable  to  accommodate  thirty  guests 

at  one  time,  and  over  twenty 40 

For  all  restaurants  able  to  accommodate  over  ten  guests, 
and  less  than  twenty 

For  all  restaurants  able  to  accommodate  ten  guests 10 

Provided,  that  no  tavern  keeper,  hotel  keeper,  boarding- 
house  keeper  or  restaurant  keeper's  license  shall  in  any  manner 
authorize  the  sale  of  spirituous,  vinous,  malt  or  ardent  liquors. 

[February  14,  1888;  November  24,  1891.] 


LICENSES.  271 


Second  Hand  Dealer*  Defined. 

SEC.  54.  Any  person  who  shall  keep  a  store,  office,  or 
place  of  business  for  the  purchase  or  sale  of  second  hand  cloth- 
ing, or  garments  of  any  kind,  or  second  hand  goods,  wares  or 
merchandise,  or  engage  in  the  business  of  dealing  in  second 
hand  goods,  is  hereby  defined  to  be  a  second  hand  dealer. 

[January  18,  1887.] 

Second  Hand  Dealer— Am onnt  of  License. 

SEC,  55.  Every  second  hand  dealer,  before  commencing  or 
carrying  on  business  as  such,  shall  obtain  a  license  and  pay 
therefor  at  the  rate  of  twenty-five  dollars  yearly. 

[November  24,  1891.] 

Second  Hand  Dealers  and  minors. 

SEC.  56.  No  second  hand  dealer  shall,  by  himself,  his 
agent  or  servants,  purchase  or  receive  any  personal  property  of 
or  from  any  minor  under  the  age  of  steteen  years. 

[January  18,  1887.] 

Second  Hand  Dealer's  Books. 

SEC.  57.  Every  second  hand  dealer  shall  keep  a  book  in 
which  he  shall  enter  at  the  time  of  purchase,  in  the  English 
language : 

First — A  true  and  accurate  description  of  every  article  pur- 
chased by  him. 

Second — The  name,  age  and  residence  of  the  vendor. 

Third — The  amount  paid . 

Fourth — The  date  and  hour  of  purchase. 

The  entries  shall  be  made  with  ink  in  a  legible  manner. 
Such  book  shall  always  be  open  to  the  inspection  of  any  regular 
police  officer  of  said  city. 

[January  18,  1887.] 

Sewer  Pipes— License  to  Lay. 

SEC.  58.  Any  competent  mechanic,  of  at  least  twenty-one 
years  of  age,  having  a  permanently  established  plaee  of  busi- 
ness, with  experience  in  laying  drain  or  sewer  pipes,  upon  ap- 


272  LICENSES. 


plication  to  the  mayor,  may,  upon  approval  of  his  application 
and  the  payment  to  the  city  treasurer  of  ten  dollars  for  the  year, 
or  unexpired  part  thereof,  ending  in  all  cases  December  31,  re- 
ceive a  license  to  lay  private  drain  or  sewer  pipes,  and  make- 
connections  with  the  public  sewers;  Provided,  no  applications 
for  license  under  this  ordinance  shall  be  considered  unless  ac- 
companied by  a  bond  in  the  sum  of  one  thousand  dollars,  with 
two  or  more  good  and  sufficient  sureties,  who  shall  each  justify 
that  they  are  worth  one  thousand  dollars  over  and  above  all 
debts,  liabilities  and  exemptions,  subject  to  the  approval  of  the 
mayor,  to  secure  the  city  and  the  public  against  damages  that 
may  arise  by  reason  of  the  carelessness  or  negligence  of  such 
person  or  persons  to  properly  execute  or  protect  their  work,  or 
for  any  penalties  that  may  be  imposed  under  the  provisions  of 
any  of  the  ordinances  of  Salt  Lak«  City.  When  two  or  more 
persons  are  copartners,  license  shall  be  issued  in  the  name  of 
the  firm  or  copartnership,  and  no  license  shall  be  transferable. 
[June  17,  1890.] 

Sunday  Evening  Sacred  Musical  Concerts. 

SEC.  59.  It  shall  be  lawful  for  any  person  of  reputable 
moral  character,  in  connection  with  other  persons  of  like  moral 
character,  to  give  Sunday  evening  sacred  musical  concerts, 
either  vocal  or  instrumental,  or  both  vocal  and  instrumental,  in 
this  city,  and  to  charge  an  admission  fee  therefor  sufficient  to 
pay  the  expenses  of  same,  first  having  obtained  a  license  there- 
for from  the  city  council,  and  paying  for  such  license  into  the 
city  treasury  the  sum  of  five  dollars  for  each  concert  given.  The 
city  council  shall  have  power  to  revoke  any  license  granted  as- 
provided  in  this  section,  at  any  time. 

[April  22,  1890.] 


LOCAL   ASSESSMENTS.  273 


CHAPTER  XXIII. 


LOCAL    ASSESSMENTS. 

City  Council  to  l>etermine. 

SECTION  1.  Whenever  the  city  council  shall  deem  it  expo-— 
dient  to  establish  and  bring  to  grade  any  of  the  streets,  avenues, 
alleys,  sidewalks  or  other  public  places  within  the  limits  of  said 
city,  or  to  pave,  repair  or  otherwise  improve  any  of  the  streets, 
highways,  sidewalks,  or  other  public  places,  or  grade,  widen, 
open  or  extend  the  same;  or  to  construct  any  sewer  or  sewers, 
drains,  waterworks,  or  lay  any  pipes  or  mains  for  water,  gas  or 
sewers,  the  same  or  any  part  thereof  may  be  done  in  the  fo1  low- 
ing manner  :  The  council  shall  determine  the  character,  qual- 
ity, extent  and  location  of  such  improvement,  and  cause  an  esti- 
mate to  be  made  of  the  cost  thereof,  determine  and  define  the 
boundaries  of  the  district  or  division  of  the  city  specially  to  be 
benefited,  or  affected  by  the  same.  But  in  case  the  improve- 
ment is  of  a  street  or  sidewalk,  or  consists  in  laying  water  or 
gas  pipes,  the  council  shall  include  in  such  district  only  lots  or 
pieces  of  ground  adjacent  to,  or  abutting  upon,  the  street  or 
sidewalk  so  to  be  improved.  The  council  shall  also  determine 
whether  the  whole,  or  if  not,  what  proportion  of  the  cost  of 
such  improvement  shall  be  defrayed  by  local  assessment:  Pro- 
vided, that  in  every  case  one-half  the  expense  of  bringing 
streets,  alleys  or  sidewalks  to  the  established  grade  shall  be  paid 
out  of  the  street  or  contingent  funds. 

The  council  shall  set  a  time  when  it  will  meet  and  hear 
and  consider  objections  or  protests  to  the  making  of  such  im- 
provement, or  the  defraying  of  the  expense  of  the  same  by  local 
assessment.  The  final  action  of  the  council  in  respect  to  mat- 
ters mentioned  in  this  section  shall  be  entered  and  preserved  in. 
the  city  records. 

[June  12,  1888.  J 

18 


274  LOCAL   ASSESSMENTS. 


Notice  of  Intention  to  Be  Published. 

SEC.  2.  The  city  council  shall  next  cause  a  notice  of  its 
intention  to  make  the  improvement  and  defray  the  expenses 
thereof  in  whole  or  in  part  by  local  assessment,  describing  the 
proposed  improvement,  the  boundaries  of  the  district  to  be 
affected  or  benefited  by  the  same,  the  estimated  cost  thereof, 
and  designating  the  time  set  for  the  hearing,  mentioned  in  the 
last  section,  to  be  published  at  least  twenty  days  in  a  newspaper 
published  and  having  a  general  circulation  within  the  city; 
which  notice  shall  be  substantially  in  the  folio  wing  form: 

"Notice  is  hereby  given  by  the  city  council  of  Salt  Lake 
"City,  of  the  intention  of  such  council  to  make  the  following 

described  improvement,  to-wit: , 

and  defray  (the  whole  or )  of  the  cost 

thereof,  estimated  at 

dollars,  by  a  local  assessment  upon  the  lots  or  pieces  of  ground 
within  the  following  described  district,  being  the  district  to  be 
affected  or  benefited  by  said  improvement,  namely: 

All  protest  and  objections  to  the  carrying  out  of  such  intention 
must  be  presented  in  writing  to  the  city  recorder  on  or  before 

the day  of 188 . . ,  being  the  time 

set  by  said  council  when  it  will  hear  and  consider  such  ob- 
jections as  may  be  made  thereto. 

By  order  of  the  city  council  of  Salt  Lake  City. 


[June  12,  1888.]  City  Kecorder. 

To  Apportion  and  Assess  Cost. 

SEC.  3.  After  the  expiration  of  the  twenty  days,  and  on  the 
day  designated  in  the  notice,  the  city  council  shall  meet,  and  if 
written  objections  to  the  making  of  the  improvement,  signed 
by  the  owners  of  one-half  in  value  of  the  property  so  to  be 
affected  or  benefited,  as  shown  by  the  last  preceding  assessment 
roll,  be  not  filed  with  the  recorder,  shall  hear  and  consider  such 
objections  or  protests,  if  any,  as  shall  have  been  made.  If  the 
council  determines  to  proceed  with  the  improvement,  it  shall 
make  an  order,  which  shall  be  entered  on  record  in  the  minutes 


LOCAL   ASSESSMENTS.  275 


of  its  proceedings,  authorizing  and  directing  the  work  to  be 
done  and  improvement  made,  under  the  supervision  of  the 
proper  officer  or  person  to  be  named  in  the  order  ;  and  shall 
thereupon,  sitting  as  a  board  of  equalization,  apportion  and 
assess  the  cost  of  the  improvement,  or  the  part  thereof,  as  speci- 
fied in  the  notice,  upon  the  real  estate,  lots  or  pieces  of  ground 
embraced  within  the  district ;  such  apportionment  to  be  in  ac- 
cordance with  the  square  foot,  front  foot,  or  otherwise,  as  such 
board  shall  estimate  the  special  benefits  to  such  property  by 
reason  of  the  improvement  and  determine  to  be  just. 
[June  12,  1888.] 

An  Order  levying  the^ax. 

SEC.  4.  The  council  shall  thereupon  make  an  order  to  be 
entered  of  record  levying  the  tax  and  for  the  assessment  of  the 
property  in  accordance  with  the  apportionment  and  determina- 
tion of  the  board  of  equalization,  which  apportionment  shall  be 
fully  set  forth  in  such  order.  The  order  shall  also  designate  the 
boundaries  of  the  district  embracing  the  property  taxed. 

[June  12,  1888.] 

Dnty  of  City  Assessor  and  Collector. 

SEC.  5.  A  copy  of  the  order,  certified  by  the  recorder,  un- 
der the  corporate  seal  of  the  city,  shall  be  delivered  to  the  city 
assessor  and  collector,  who  shall  immediately  proceed  to  list  and 
assess  the  property  according  to  the  apportionment  set  forth  in 
said  order,  stating  the  name  of  the  owner,  or  if  unknown,  then 
so  stating  the  number  and  dimensions  of  each  lot  or  piece  of 
ground,  and  the  amount  of  tax  levied  thereon.  He  shall  also 
make  a  plat  to  aecompany  said  list,  showing  the  location  of  the 
improvement  and  the  position  of  the  respective  lots  or  pieces  of 
ground  assessed  with  reference  to  the  same,  and  shall  return  and 
lodge  said  list  and  plat,  when  completed,  with  the  recorder, 
within  ten  days  after  the  receipt  of  said  order  or  such  further 
time  as  the  council  may  allow,  where  the  same  shall  remain  and 
be  open  to  inspection  by  all  persons  interested  for  a  period  of 
ten  days. 

[June  12,  1888.] 


276  LOCAL   ASSESSMENTS. 


Recorder  to  Publish  Notice. 

SEC.  6.  Immediately  upon  the  return  of  such  list  and  plat 
to  him,  the  recorder  shall  publish  a  notice  to  that  effect,  de- 
scribing the  district  in  respect  to  which  they  are  made,  and  that 
the  same  will  be  open  to  inspection  for  ten  days,  during  which 
time  written  appeals  to  the  council  for  the  correction  of  the 
assessment  may  be  filed  with  the  recorder ;  which  notice  shall 
be  published  not  less  than  five  days  in  some  newspaper  pub- 
lished and  having  a  general  circulation  within  the  city. 

[June  12,  1888.] 

Confirming  Assessment — When  Taxes  Due. 

SEC.  7.  At  its  first  regular  session  after  the  expiration  of 
the  time  mentioned  in  the  notice  provided  for  in  the  last  sec- 
tion, the  council  shall  hear  and  consider  any  appeals  filed  within 
the  time  mentioned,  and  make  such  corrections  in  the  assess- 
ment as  may  be  necessary  and  just.  The  assessor  and  collector 
shall  be  present  at  such  session  and  note  upon  said  list  such 
corrections  and  changes  as  may  be  ordered  by  the  council.  The 
consideration  of  such  appeals  and  said  assessment  may  be  con- 
tinued at  other  and  future  sessions  of  the  council  in  the  same 
manner  until  the  same  is  completed.  When  completed  the 
council  shall  make  an  order,  to  be  entered  of  record,  confirming 
the  assessment  as  set  forth  in  the  corrected  list,  a  copy  of  which 
order,  certified  by  the  recorder  under  the  corporate  seal  of  the 
city,  together  with  such  corrected  list,  shall  be  delivered  to  the 
assessor  and  collector,  and  shall  constitute  his  warrant  for  the 
collection  of  said  taxes.  Such  taxes  shall  be  due  and  payable 
sixty  days  after  the  date  of  the  order  confirming  the  assess- 
ment, and  any  and  all  such  taxes  remaining  unpaid  at  the 
expiration  of  the  said  sixty  days  shall  be  deemed  delinquent. 

[June  12,  1888.] 

lion   Assessment  Collected. 

SEC.  8.  Immediately  upon  the  receipt  of  the  corrected 
list  and  order  confirming  the  assessment  as  aforesaid,  the 
assessor  and  collector  shall  proceed  to  collect  the  assessment  in 
like  manner  as  other  city  taxes,  and  shall  furnish  to  each  tax- 


MARSHAL.  277 


payer,  or  leave   at   his   usual   place  of  business  (if  known),  a 
notice  of  the  amount  of  tax  assessed  against  him,   and  where 
and  when  payable. 
[June  12,  1888.] 

Money  Collected— What  to  Be  Credited. 

SEC.  9.  The  assessor  and  collector  shall  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  at  the  end  of  each 
month,  or  sooner,  if  required  by  the  city  council,  and  shall  furnish 
a  list  of  the  tax-payers  of  water  main  extensions,  showing  the 
amount  paid  by  each  to  the  city  auditor,  who  shall  thereupon 
cause  each  person  whose  name  appears  in  said  list  to  be  credited 
with  the  amount  of  tax  paid  by  him,  which  shall  apply  on  his 
water  rates. 

[September  24;  1889.] 


CHAPTER  XXIV. 


MARSHAL. 
Powers  and  Duties  Defined. 

SECTION  1.  The  marshal  shall,  by  himself  or  deputies,  at- 
tend all  regular  and  special  meetings  of  the  city  council;  shall 
have  charge  of  the  city  hall,  and  see  that  the  same  is  lighted 
and  warmed  when  necessary ;  act  as  doorkeeper  or  sergeant-  at- 
arms;  execute  all  orders  of  the  mayor  or  council;  preserve  the 
peace  and  good  order  of  the  city;  quell  all  riots;  arrest  and 
bring  all  disorderly  persons  before  the  police  justice  for  trial, 
either  with  or  without  process;  serve  all  processes  issued  by  the 
police  justice  to  him  directed,  and  see  that  all  orders  and  judg- 
ments of  said  court  are  carried  into  effect;  and  shall  take  such 
measures  as  shall  secure  the  peace  and  good  order  of  all  public 
meetings.  Said  marshal  may  at  any  time  call  upon  the  chief  of 
police,  or  in  the  absence  of  the  chief,  upon  any  policeman, 
which  officers  are  hereby  required  to  assist  the  marshal  in  main- 
taining the  peace  and  good  order  of  the  city. 

[February  22,  1851;  January  4,  1859;  February  14,  1888.] 


278  MAYOR. 


CHAPTER  XXV. 


MAYOR. 

9 

His  Oath  and  Duties. 

SECTION  1.  The  mayor  shall,  before  he  enters  upon  the 
duties  of  his  office,  in  addition  to  the  usual  oath,  swear  or  affirm 
that  he  will  devote  so  much  of  his  time  to  the  duties  of  his  office 
as  an  efficient  and  faithful  discharge  thereof  may  require;  and 
he  shall,  from  time  to  time,  give  the  city  .council  such  informa- 
tion, and  recommend  such  measures,  as  he  may  deem  advan- 
tageous to  the  city. 

[February  14,  1888.] 

Shall  Sign  Licenses,  Deeds,  etc. 

SEC.  2.  The  mayor  shall  sign  all  licenses,  except  liquor 
licenses.  In  all  cases  where  bonds  for  liquor  licenses  are  not 
approved  by  the  mayor,  the  same  shall  be  referred  back  to  the 
council  for  their  final  action.  The  mayor  is  authorized  and  em- 
powered to  sign  his  name  officially  for  and  in  behalf  of  the  city, 
and  to  sign  deeds,  bonds,  bills,  notes,  obligations  and  other 
agreements,  documents  and  papers,  to  which  the  city  is  a  party, 
when  so  directed  by  the  city  council. 

[March  24,  1871;  February  14,  1888.] 

May  Offer  Reward. 

SEC.  3.  The  mayor  may,  when  necessary,  offer  a  reward 
for  the  apprehension  of  offenders  against  the  ordinances  of  the 
city,  in  any  sum  not  exceeding  two  hundred  dollars. 

[February  14,  1888.] 

Shall  Superintend  Public  Works. 

SEC.  4.  The  mayor  shall  be  superintendent  of  public 
works  and  grounds,  and  as  the  highest  executive  officer  of  the 


MISDEMEANORS.-  279 


city,  shall  exercise  a  general  supervision  over  each  department, 
under  whose  special  chief  or  superintendent  such  public  works 
shall  be  carried  on. 

[February  14,1888.] 

Jlay  Remit  Fines  and  Grant  Pardons. 

SEC.  5.  The  mayor  is  authorized  and  empowered  to  grant 
full  pardons  for  violations  of  the  ordinances  of  said  city,  or  to 
remit  so  much  of  any  fine  or  penalty  as  belongs  to  the  city, 
together  with  costs  of  prosecution,  when  to  him  it  shall  seem 
just  and  reasonable. 

[May  8,  1860;  February  14,  1888.] 

Shall  Report  Quarterly. 

SEC.  6.  It  shall  be  the  duty  of  the  mayor  to  report  quar- 
terly to  the  city  council  the  number  of  fines  remitted  and  par- 
dons granted. 

[May  8,  1860;  February  14,  1888.] 


CHAPTER   XXVI. 


MISDEMEANOKS. 

Abusive  Language. 

SECTION  1.  If  any  person  shall  abuse  another  by  using 
menacing,  insulting,  slanderous  or  profane  language  in  said 
city,  he  shall  be  liable  to  a  fine  in  any  sum  not  exceeding  fifty 
dollars,  or  to  imprisonment  not  exceeding  thirty  days,  or  to 
both  fine  and  imprisonment. 

[May  17,  1872.] 

Animals    Cruelty  to. 

SEC.  2.  Any  person  who  shall  torture  or  cruelly  beat  or  ill 
treat  any  horse,  ox  or  other  animal  within  the  limits  of  said 
city,  whether  belonging  to  himself  or  any  other  person,  shall  be 


280  MISDEMEANORS. 


liable  to  a  fine  in  any  sum  not  exceeding  fifty  dollars,  or  impris- 
onment not  exceeding  three  months,  or  to  both  fine  and  im- 
prisonment. 

[May  17,  1872.] 

Animals— Killing,  Maiming  or  Poisoning. 

SEC.  3.  Any  person  who  shall  willfully  kill,  maim  or  dis- 
figure any  horse  or  other  domestic  animal,  the  property  of  an- 
other, or  administer  poison  to  any  such  animal,  or  expose  any 
poisonous  substance  with  the  intent  that  it  shall  be  taken  by 
any  such  animal,  shall  be  liable  to  a  fine  in  any  sum  not  exceed- 
ing one  hundred  dollars,  or  imprisonment  for  a  term  not  ex- 
ceeding three  months,  or  to  both  fine  and  imprisonment. 

[July  31,  1877  ;  February  14,  1886.] 

Animals  -Driving  Sheep  Through  Streets. 

SEC.  4.  Every  person  who  drives  any  herd  of  sheep,  con- 
sisting of  fifty  or  more,  over  or  upon  any  of  the  public  streets 
of  this  city,  except  by  the  permission  and  according  to  the 
direction  of  the  city  marshal  first  had  and  obtained,  shall,  upon 
conviction  thereof,  be  fined  in  any  sum  not  exceeding  one  hun- 
dred dollars. 

[February  14,  1888.] 

Animals— Cows  and  Swine. 

SEC.  5.  It  shall  be  unlawful  for  any  person  or  persons  to 
keep  or  cause  to  be  kept  more  than  two  (2)  cows  or  any  pig, 
hog  or  swine  within  that  portion  of  Salt  Lake  City  bounded  as 
follows  :  On  the  north  by  Seventh  North  street,  on  the  south  by 
Ninth  South  street,  on  the  east  by  the  Reservation,  on  the  west 
by  Eighth  West  street.  Any  person  violating  any  of  the  provi- 
sions of  this  section  shall  be  deemed  guilty  of  a  misdemeanor, 
and  be  punished  by  a  fine  not  exceeding  one  hundred  dollars, 
or  imprisonment  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment.  This  section  not  to  apply  to  the  keeping  of 
animals  in  the  public  pound  of  the  city. 

[August  26,  1890  ;  September  9,  1890.] 


MISDEMEANORS.  281 


Assault  and  Battery. 

SEC.  6.  Any  person  who  shall  commit  an  assault  or  battery 
"within  the  limits  of  the  city  shall,  upon  conviction,  be  fined  in 
any  sum  not  to  exceed  one  hundred  dollars,  or  be  imprisoned 
for  a  period  not  to  exceed  one  hundred  days,  or  both. 

[March  16,  1860;  July  13,  1886  ;  February  14,  1888.] 

Barbed  Wire  Fences. 

SEC.  7.  It  shall  be  unlawful  for  any  person  to  hereafter 
-erect,  or  cause  to  be  erected,  or  to  maintain  any  barbed  wire 
fence  along  or  adjacent  to  any  street  within  the  limits  of  Salt 
Lake  City  ;  and  any  person  so  erecting,  causing  to  be  erected, 
•or  maintaining  any  such  fence,  shall  be  deemed  guilty  of  com- 
mitting a  nuisance,  and,  on  conviction  thereof,  shall  be  fined  in 
any  sum  not  exceeding  fifty  dollars. 

[February  14,  1888.] 

Bathing  in  City  Limits. 

SEC.  8.  No  person  shall  swim  or  bathe  in  any  of  the  waters 
•within  the  limits  of  Salt  Lake  City,  except  in  public  or  private 
bath  houses,  unless  covered  with  a  bathing  suit  so  as  to  prevent 
.any  indecent  exposure  of  person,  under  a  penalty  of  not  to  ex- 
ceed twenty-five  dollars  for  each  offense. 

[February  14,  1888.] 

Bicycles— Must  Have  Gong  and   Light. 

SEC.  9.  Any  person  who  shall,  in  the  city  of  Salt  Lake, 
xide  or  use  a  bicycle,  tricycle,  velocipede  or  other  riding  ma- 
chine or  apparatus,  in  any  of  the  streets,  avenues  or  other  high- 
ways thereof,  without  having  in  connection  therewith  at  all 
times  a  gong  of  sufficient  sound  to  warn  persons  of  its  approach, 
and  using  the  same  in  warning  persons  of  its  approach;  and 
also,  whenever  such  bicycle,  tricycle,  velocipede  or  other  riding 
machine  or  apparatus  is  used  011  any  of  the  streets,  avenues  or 
highways  of  the  city,  between  sunset  and  sunrise,  without 
a  lighted  lantern,  which  shall  be  so  conspicuously  placed  there- 
on as  to  warn  persons  of  its  approach,  shall,  on  conviction,  be 
fined  not  more  than  one  hundred  dollars  for  each  and  every 
offense. 

[February  14,  1888.] 


282  MISDEMEANORS. 


Bicycles  on  Certain  Sidewalks  Prohibited. 

SEC.  10.  Any  person  who  shall,  in  Salt  Lake  City,  ride  or 
use  a  bicycle  or  tricycle  upon  any  of  the  sidewalks  of  East 
Temple  street  from  South  Temple  to  Third  South  street,  of 
South  Temple  street  from  West  Temple  street  to  First  East 
street,  of  First  South  street  from  West  Temple  street  to  First 
East  street,  of  Second  South  street  from  West  Temple  street  to 
First  East  street,  of  Third  South  street  from  West  Temple 
street  to  First  East  street,  of  West  Temple  street  from  South 
Temple  street  to  Third  South  street,  of  First  East  street  from 
South  Temple  street  to  Third  South  street,  and  of  Commercial 
street,  shall  be  deemed  guilty  of  a  misdemeanor,  and,  on  con- 
viction thereof,  shall  be  fined  in  any  sum  not  less  than  five- 
dollars  nor  more  than  twenty-five  dollars  for  each  and  every 
offense. 

[November  18,  1890.] 

Bonfires  Prohibited  on   Asphalt  Pavements. 

SEC.  11.  It  shall  be  unlawful  for  any  person  or  persons  to 
build,  maintain,  or  to  assist  in  building  or  maintaining,  any 
bonfire  or  any  fire  upon  any  of  the  streets  within  the  corporate 
limits  of  Salt  Lake  City,  paved  with  asphalt  or  other  material 
of  a  similar  nature.  Any  person  violating  any  of  the  pro- 
visions of  this  section  shall,  on  conviction,  be  fined  in  any  sum 
less  than  fifty  dollars. 

Coasting  Prohibited— Mayor's  Proclamation. 

SEC.  12.  It  shall  be  unlawful  for  any  boy  or  boys,  person 
or  persons,  to  coast  or  slide  down  hill  with  any  sled,  sleigh,  to- 
boggan or  vehicle,  upon  any  public  street,  sidewalk  or  alley  of 
Salt  Lake  City.  Any  boy  or  other  person  violating  this  section 
shall,  upon  conviction,  be  fined  not  exceeding  twenty  dollars. 

The  mayor,  by  public  notice  or  proclamation,  may  authorize 
the  use  of  any  street  or  streets,  avenue  or  avenues,  for  coasting 
for  the  winter  season.  During  the  time  for  which  such  notice 
or  proclamation  shall  be  issued,  and  during  such  winter,  coast- 
ing upon  any  such  streets  or  avenues  shall  be  permissible  and 
lawful. 


MISDEMEANORS.  283 


Daiiee  House. 

SEC.  13.  Any  person  who  shall  keep  a  dance  house,  where 
lewd  or  disorderly  persons  assemble  together  for  dancing,  shall, 
upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding  one 
hundred  dollars  for  each  and  every  offense. 

[February  14, 1888.] 

Dangerous  and  Concealed  Weapon. 

SEC.  14.  Any  person  who  shall  carry  any  slingshot,  or  any 
concealed  deadly  weapon,  without  'the  permission  of  the  mayor 
first  had  and  obtained,  shall,  upon  conviction,  be  liable  to  a  fine 
not  exceeding  fifty  dollars. 

[February  14, 1888.] 

Defacing  or  Destroying  Property. 

SEC.  15.  Any  person  who  shall  willfully  injure,  deface  or 
destroy  any  building  or  fixture  thereof,  or  injure,  destroy  or 
secrete  any  goods,  chattels  or  valuable  papers  of  another,  or 
prepare  any  deadfall,  or  dig  any  pit,  or  arrange  any  trap,  to  in- 
jure another's  person  or  property,  or  take  down,  injure  or  remove 
any  monument,  street  sign,  or  any  tree  marked  as  a  boundary  of 
any  tract  of  land  or  city  lot,  or  destroy,  deface  or  alter  the  marks 
of  any  monument  or  street  sign,  or  injure  or  destroy  any  fence 
or  fountain,  or  any  shade  or  fruit  tree,  or  any  other  kind  of 
public  or  private  property,  or  deface  sidewalks  with  painted  or 
printed  handbills  or  signs,  posters  or  other  advertisements,  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  one  hundred  dollars, 
or  to  imprisonment  not  to  exceed  three  months,  or  to  both  fine 
and  imprisonment. 

[March  16,  1860;  May  17,  1872;  July  31,  1877.] 

Discharging  Onns. 

SEC.  16.  Any  person  discharging  guns  or  pistols  within 
the  limits  of  the  city  (except  in  self-defense,  or  in  the  case  of 
any  civil  officer  in  the  discharge  of  his  duty),  shall  be  liable  to 
a  fine  of  not  more  than  ten  dollars*  for  every  such  offense. 

[April  27,  1860;  February  14,  1888.] 


'284  MISDEMEANORS. 


Discharging  Firearms. 

SEC.  17.  Any  person  discharging  firearms  within  the  limits 
of  the  city,  without  a  lawful  breastwork  or  battery  for  the  pro- 
tection of  the  citizens,  shall  be  liable  to  a  fine  of  not  more  than 
twenty-five  dollars  for  every  such  offense.  A  breastwork  or  bat- 
tery, for  target  shooting,  to  be  deemed  lawful,  shall  be  a  wall 
eighteen  inches  thick,  six  feet  wide,  and  six  feet  high  in  the 
back,  with  side  wings  one  foot  thick,  each  extending  two  feet, 
increasing  flaringly  to  the  front,  and  six  feet  high,  of  adobes  or 
mud,  or  its  equivalent  of  other  material. 

[April  27,  I860.] 

Discharging  Air  Gun,  Flipper,  etc. 

SEC.  18.  Any  person  discharging  an  air  gun,  sparrow  gun, 
nipper,  or  other  similar  contrivance,  within  the  limits  of  this 
city,  shall  be  liable  to  a  fine  of  not  more  than  twenty-five  dol- 
lars for  every  such  offense. 

[May  7,  1889.] 

Disorderly  House. 

SEC.  19.  Any  person  who  shall  keep  any  ill-governed  or 
disorderly  house,  or  who  shall  suffer  or  permit  any  drunken- 
ness, quarreling,  fighting,  unlawful  games,  or  riotous  or  disor- 
derly conduct  whatever  on  his  premises,  shall,  upon  conviction 
thereof,  be  fined  in  any  sum  not  exceeding  one  hundred  dollars 
for  each  and  every  offense. 

[February  14,  1888.] 

Disturbance  of  Peace. 

SEC.  20.  If  any  person  shall  commit  a  disturbance  of  the 
peace  within  the  limits  of  said  city,  by  brawling  or  noisy  ac- 
clamations, by  tumultuous  or  offensive  language  or  conduct,  by 
blowing  for  a  longer  period  than  five  seconds  any  kind  of  steam 
whistle  excepting  in  case  of  fire  or  accident  within  the  limits  of 
said  city,  or  making  other  noises,  he  shall  be  liable  to  a  fine  in 
-any  sum  not  exceeding  one  hundred  dollars,  or  to  imprisonment 
not  exceeding  three  months,  or  to  both  fine  and  imprisonment. 

[May  17,  1872;  February  14,  1888.] 


MISDEMEANORS.  285' 


Disturbance  at  Election,  etc. 

SEC.  21.  If  any  person  shall  excite  disturbance  or  conten- 
tion at  a  public  house,  court,  election,  or  any  lawful  meeting  of 
citizens  within  the  limits  of  said  city,  he  shall  be  liable  to  a  fine 
in  any  sum  not  exceeding  one  hundred  dollars,  or  to  imprison- 
ment not  exceeding  three  months,  or  to  both  fine  and  imprison- 
ment. 

[May  17,  1872  ;  February  14,  1888.] 

Disturbance  at  Religions  Meeting. 

SEC.  22.  Any  person  who  shall  disturb  a  public  assembly,, 
congregated  for  religious  or  other  lawful  purposes,  within  the 
limits  of  said  city,  by  undue  noise,  or  by  offensive,  unbecoming 
or  indecent  behavior,  shall  be  liable  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars,  or  to  imprisonment  not  exceed- 
ing three  months,  or  to  both  fine  and  imprisonment. 

[May  17,  1872;  February  14,  1888.] 

Drngs— Unlawful  to  Sell  on  Streets. 

SEC.  23.  It  shall  be  unlawful  for  any  person  to  sell,  barter,, 
give  away  or  offer  to  dispose  of  by  public  outcry  or  otherwise 
any  drug,  medicine  or  other  substance  for  the  cure  of  any  dis- 
ease or  ailment,  on  any  of  the  streets,  alleys  or  highways  within- 
the  limits  of  Salt  Lake  City.  Any  persons  violating  the  pro- 
visions of  this  section  shall,  upon  conviction  thereof,  be  fined 
any  sum  not  exceeding  fifty  dollars  or  imprisoned  not  to  exceed 
thirty  days. 

[August  22,  1890.] 

Drngs  to  Be  L-abeled— Poison. 

SEC.  24.  All  persons  who  prepare  or  put  up  drugs  or  medi- 
cines are  hereby  required  to  label  them  in  a  plain  and  legible 
manner,  in  the  English  language,  and  all  drugs  of  a  poisonous- 
nature  shall  be  labeled  "Poison." 

[May  21,  1889.] 

Drunkenness. 

SEC.  25.  Any  person  found  drunk  in  any  street,  lane,  alley 
or  other  public  place  in  said  city,  shall  be-  liable  to  a  fine  not 


286  MISDEMEANOKS. 


exceeding  fifty  dollars  for  each  offense;  and  any  person  found 
drunk  elsewhere  in  said  city,  on  complaint  being  made  to  any 
peace  officer,  shall  be  liable  to  arrest  and  punishment  by  fine 
not  exceeding  twenty-five  dollars. 

[May  17,  1872;  February  14,  1888.] 

Enticing  minors  from  Guardian,  etc. 

SEC.  26.  Any  person  who  shall  use  any  influence  to  entice 
or  persuade  any  minor,  male  or  female,  under  the  age  of  thirteen 
years,  from  his  or  her  parents,  guardians,  or  other  person  hav- 
ing charge  of  the  same,  without  the  consent  of  such  parents, 
guardians  or  other  person,  shall  be  liable  to  a  fine  of  not  more 
than  one  hundred  dollars,  or  to  imprisonment  not  more  than 
three  months,  or  both. 

[May  15,  1860;  February  14,  1888.] 

Escape  of  Prisoners. 

SEC.  27.  Any  person  convicted  of  any  offense  against  the 
ordinances  of  the  city,  and  in  lawful  custody  therefor,  who  shall 
escape  from  such  custody,  shall  be  liable  to  be  punished  by  fine 
or  imprisonment  not  exceeding  the  original  punishment. 

[February  14,  1888.] 

Escape  of  Prisoners— Abetting  and  Aiding. 

SEC.  28.  Any  person,  within  the  limits  of  this  city,  who 
shall  aid  or  assist  a  person  to  escape  from  lawful  confinement, 
or  who  shall  aid  or  assist  another  to  escape  from  any  peace 
officer  of  said  city,  shall,  on  conviction,  be  liable  to"  a  fine  of  not 
less  than  five  nor  more  than  one  hundred  dollars,  or  to  imprison- 
ment not  to  exceed  three  months,  or  to  both  fine  and  imprison- 
ment, for  each  offense. 

[May  17,  1872;  February  14,  1888.] 

Taking  Weapons  and  Tools  to  Prisoners. 

SEC.  29.  Any  person  who  shall  take  into  the  city  prison, 
or  deliver  to  any  prisoner  therein  confined,  or  in  custody  of  any 
officer  of  such  prison,  any  weapon,  tool,  intoxicating  drink,  or 


MISDEMEANORS.  287 


other  article,  or  attempt  so  to  do,  without  the  consent  of  the 
officer  in  charge,  shall,  upon  conviction,  be  liable  to  a  fine  of 
not  to  exceed  twenty-five  dollars. 
[February  14,  1888.] 

False  Pretenses— Refreshments. 

SEC.  30.  Any  person  who  shall,  within  the  limits  of  this 
city,  obtain  any  goods,  chattels  or  other  property  under  false 
pretenses,  or  who  shall  enter  into^any  public  house,  shop  or 
place,  and  call  for  refreshments  or  other  article  or  thing  and 
receive  the  same  and  depart  without  paying  or  satisfying  the 
owner  thereof,  shall  be  liable  to  a  fine  in  any  sum  not  exceed- 
ing one  hundred  dollars,  or  to  imprisonment  not  exceeding- 
three  months,  or  to  both  fine  and  imprisonment. 

[May  17,  1872  ;  February  14,  1888.] 

Females  in  Saloon. 

SEC.  31.  Every  person  who  employs  any  female  to  serve  in 
the  selling,  giving  away  or  other  disposition  or  delivery  of  spirit- 
uous, vinous  or  malt  liquors  in  any  saloon  or  place  in  said  city 
in  which  such  liquors  or  any  of  them  are  so  disposed  of,  or  de- 
livered to  be  drunk  on  the  premises  where  so  sold  or  otherwise 
disposed  of,  shall,  for  each  and  every  such  offense,  upon  convic- 
tion thereof,  be  punished  by  fine  not  exceeding  one  hundred 
dollars,  or  by  imprisonment  in  the  city  jail  not  exceeding  three 
months,  or  by  both  such  fine  and  imprisonment,  at  the  discre- 
tion of  the  court ;  and  every  female  so  employed  and  serving 
shall,  for  each  and  every  such  offense,  upon  conviction  thereof, 
be  punished  by  fine  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  in  the  city  jail  not  exceeding  three  months,  or  by 
both  such  fine  and  imprisonment,  at  the  discretion  of  the  court. 

[April  15,  1884  ;  February  14,  1888.] 

Fighting. 

SEC.  32.  It  shall  be  unlawful  for  two  or  more  persons  to 
engage  in  a  fight  within  the  limits  of  this  city  ;  and  the  persons 
guilty  thereof  shall,  upon  conviction,  each  be  liable  to  be  fined 
in  any  sum  not  exceeding  fifty  dollars. 

[February  14,  1888.] 


288  MISDEMEANORS. 


Food  and  Ijiq nor— Selling  Unwholesome. 

SEC.  33.  Any  person  who  shall  sell,  or  expose  for  sale,  any- 
bad  beef,  pork,  mutton  or  other  meat,  stale  or  otherwise  impure- 
flour,  meal,  grain  or  vegetables  ;  or  adulterated  or  unwholesome- 
spirituous  or  malt  liquors,  or  other  beverage  intended  for  drink- 
ing ;  or  any  other  kind  of  unwholesome  provision,  preparation,, 
condiment  or  seasoning  for  meats  or  drinks,  shall  be  liable  to  a 
fine  in  any  sum  not  exceeding  one  hundred  dollars,  or  to  im- 
prisonment not  exceeding  three  months,  or  to  both  fine  and 
imprisonment ;  and  the  court  having  jurisdiction  may  order 
such  provisions  or  drinks  to  be  destroyed. 

[May  17,  1872  ;  February  U,  1888.] 

Food— Feeding  Swine  on  Unwholesome. 

SEC.  34.  All  persons  owning  swine  are  hereby  forbidden 
to  feed  the  same  upon  meat,  blood  or  entrails  in  a  putrid  or 
decayed  state,  or  upon  other  food  calculated  to  engender  disease 
in  the  flesh  of  such  animals,  under  a  penalty  of  not  less  than 
five  nor  more  than  one  hundred  dollars. 

[May  8,  I860.] 

Fowls  Must   \ot   Trespass. 

SEC.  35.  It  shall  be  unlawful  for  the  owner  of  any  domes- 
tic fowls,  such  as  turkeys,  ducks,  geese  or  chickens,  to  permit 
such  fowls  to  trespass  upon  the  premises  of  another  person  at 
any  time  between  the  first  day  of  March  and  the  thirty-first  day 
of  October,  and  any  such  owner,  for  permitting  them  to  so  tres- 
pass, shall,  on  conviction,  be  liable  to  a  fine  in  any  sum  not 
exceeding  ten  dollars. 

[May  8,  1860;  March  29,  1881.] 

4 .a in  l» I  in;;  Houses— Keeping  or  Renting. 

SEC.  36.  If  any  person  shall  keep  a  house,  shop  or  any- 
other  place  resorted  to  for  the  purpose  of  gambling,  or  permit 
or  suffer  any  person  in  any  house,  shop  or  other  place  under  his 
control  or  care,  to  play  at  cards,  dice,  faro,  roulette,  keno  or  any 
other  game  for  money  or  other  property,  or  thing  representing 
money,  within  the  limits  of  said  city,  such  offender,  for  such? 


MISDEMEANORS.  289" 


offense,  shall  be  liable  to  a  fine  not  exceeding  one  hundred  dol- 
lars, or  to  imprisonment  not  exceeding  three  months,  or  to  both 
fine  and  imprisonment.  In  a  prosecution  under  this  section, 
any  person  who  has  the  charge  of,  or  attends  to,  any  such  house, 
shop  or  place,  may  be  deemed  the  keeper  thereof;  and  any  per- 
son renting  out  a  house  or  place  for  the  purpose  of  gambling 
shall  be  liable  to  the  penalties  prescribed  in  this  section. 
[May  17,  1872;  February  14,  1&88.] 


Gambling. 

SEC.  37.  Every  person  who  shall  play  at  any  game  for  money 
or  other  property,  or  thing  representing  money  or  other  prop- 
erty, within  the  limits  of  said  city,  shall,  for  each  and  every 
such  offense,  upon  conviction  thereof,  be  punished  by  fine  not 
exceeding  one  hundred  dollars,  or  by  imprisonment  in  the  city 
jail  not  exceeding  three  months,  or  by  both  such  fine  and  im- 
prisonment, at  the  discretion  of  the  court. 

[September  2,  1884;  February  14,  1888.] 

Interfering  With  Officer. 

SEC.  38.  Any  person  who  shall  interfere  with,  resist,  mo- 
lest, or  threaten  to  molest,  any  officer  of  said  city  in  the  exer- 
cise of  his  official  duties,  shall  be  liable  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars,  or  to  imprisonment  not  more 
than  three  months,  or  to  both  fine  and  imprisonment. 

[February  14,1888.] 

Lottery  or  Gift  Enterprise. 

SEC.  39.  It  shall  be  unlawful  for  any  person,  within  this: 
city,  to  conduct,  manage  or  sell  tickets  for  a  lottery  or  gift  en- 
terprise, or  be  guilty  of  or  engage  in  any  kind  of  fraudulent 
device  or  practice,  for  the  purpose  of  selling  or  disposing  of 
merchandise  or  goods  of  any  description,  with  or  without  tickets 
numbered  or  marked  for  that  purpose.  Any  person  violating 
any  of  the  provisions  of  this  section  shall,  on  conviction,  be 
liable  to  a  fine  in  any  sum  not  exceeding  one  hundred  dollars, 
or  to  imprisonment  not  exceeding  three  months,  or  to  both  fine- 
and  imprisonment. 

[February  14,  1888.] 


290  MISDEMEANORS. 


Obscene  Literature  or  Conduct. 

SEC.  40.     No  person  shall: 

First — Offer  for  sale,  sell,  exhibit,  pass,  give  or  deliver  to 
another,  any  obscene,  lewd  or  indecent  book,  pamphlet,  picture, 
card,  print,  paper,  writing,  mould,  cast  or  figure,  or  have  the 
same  in  his  possession,  unless  it  is  shown  that  the  possession  is 
innocent  or  for  a  lawful  purpose. 

Second — Circulate  or  distribute,  or  cause  to  be  circulated 
or  distributed,  any  pamphlets,  books  or  circulars  treating  of  or 
illustrating  any  of  the  diseases  of  the  sexual  organs. 

Third — Appear  in  a  public  place  naked,  or  in  an  indecent 
or  lewd  dress. 

Fourth — Make  any  indecent  or  obscene  exposure  of  his  or 
her  person,  or  urinate  or  stool  in  any  place  open  to  public  view. 

Fifth — Indecently  exhibit  any  horse,  bull  or  other  animal. 

Sixth — Be  guilty  of  prostitution  or  any  lewd,  lascivious  or 
other  open  obscene  or  indecent  conduct. 

Seventh — Utter  or  speak  any  obscene  or  lewd  language. 

Eighth — Exhibit  or  perform  any  indecent,  immoral  or  lewd 
play  or  other  representation. 

Any  person  who  shall  violate  any  of  the  provisions  of  this 
section  shall,  upon  conviction,  be  liable  to  a  fine  in  any  sum  net- 
to  exceed  one  hundred  dollars,  or  to  imprisonment  not  to  exceed 
three  months,  or  to  both  such  fine  and  imprisonment. 

[May  17,  1872;  February  14,  1888.] 

Opium   Dens. 

SEC.  41.  No  person  shall,  within  the  limits  of  this  city, 
keep  or  maintain,  or  become  an  inmate  of,  or  visit,  or  in  any 
way  contribute  to  the  support  of  any  place,  house  or  room 
where  opium  is  smoked,  or  where  persons  assemble  for  the  pur- 
pose of  smoking  opium,  or  inhaling  the  fumes  of  opium,  or 
where  opium  is  sold  for  such  purposes.  Any  person  violating 
any  of  the  provisions  of  this  section  shall  be  liable,  for  each 
and  every  offense,  to  punishment  by  fine  in  any  sum  not  exceed- 
ing o)je  hundred  dollars,  or  by  imprisonment  for  a  period  of  not 
more  than  three  months,  or  both  such  fine  and  imprisonment. 

[April  22,  1879;  February  14,  1888.] 


MISDEMEANORS.  291 


Personating  an  Officer. 

SEC.  42.  Any  person  who  shall  falsely  represent  himself 
to  be  an  officer  of  Salt  Lake  City,  or  attempt  to  personate  one, 
or  who,  without  authority,  shall  perform  any  official  act  for  or 
in  behalf  of  any  such  officer,  shall  be  liable  to  a  fine  in  any  sum 
not  exceeding  one  hundred  dollars,  or  to  imprisonment  not 
exceeding  three  months,  or  to  both;  fine  and  imprisonment. 

[July  31,  1877;  February  14,  1888.] 

Petit  JLarceny. 

SEC.  43.  If  any  person  shall  be  guilty  of  petit  larceny 
within  the  limits  of  said  city,  he  shall,  upon  conviction  thereof, 
be  fined  in  any  sum  not  to  exceed  one  hundred  dollars,  or  be 
imprisoned  in  the  city  jail  for  a  period  of  not  to  exceed  one 
hundred  days,  or  both. 

[July  13,  1886;  February  14,  1888.] 

Posting  Bills   Without  Permission. 

SEC.  44.  Any  person  who  shall  print,  paint,  write,  mark  or 
in  any  way  post  up  any  notice,  card,  advertisement  or  other 
device  upon  any  wall,  fence,  tree,  post,  building  or  other  prop- 
erty, or  cause  the  same  to  be  done,  without  the  permission  of 
the  owner  or  agent  thereof,  within  the  limits  of  said  city,  shall 
be  liable  to  a  fine  not  exceeding  fifty  dollars. 

[May  17,  1872;  February  14,  1888.] 

Posted  Ordinances,  Advertisements,  etc. 

SEC.  45.  Any  person  who  shall,  without  authority,  tear 
down  or  deface  any  ordinance,  bill,  notice,  advertisement,  or  any 
other  paper  of  a  business  or  legitimate  character,  lawfully  posted 
up  within  the  limits  of  said  city,  within  thirty  days  from  the 
date  of  such  paper,  shall  be  liable  to  a  fine  not  exceeding  fifty 
dollars,  or  to  imprisonment  not  exceeding  twenty  days  for  every 
such  offense. 

[May  17,  1872.] 

Profanity. 

SEC.  46.  Any  person  profaning  the  name  of  the  Deity 
within  the  limits  of  said  city  shall  be  liable  to  a  fine  not  ex- 


292  MISDEMEANORS. 


ceeding  ten  dollars,  or  to  imprisonment  not  exceeding  five  days, 
or  to  both  fine  and  imprisonment. 

[February  22,  1856  ;  February  14,  1888.] 

Prostitutes— Advertising  Vocation. 

SEC.  47.  Whoever  pursues,  or  advertises,  in  any  manner, 
her  vocation  as  a  prostitute,  or  is  guilty  of  prostitution,  shall  be 
punished  by  a  fine  not  exceeding  one  hundred  dollars,  or  by 
imprisonment  not  exceeding  three  months,  or  by  both  such  fine 
and  imprisonment. 

[February  14,  1888.] 

Prostitution — Keeping  or  Renting  Honse  for. 

SEC.  48.     Any  person  in  this  city  : 

First — Who  either  keeps  a  house  of  ill-fame  resorted  to  for 
the  purpose  of  prostitution  or  lewdness  ;  or  willfully  resides  in 
such  house  ;  or  resorts  thereto  for  lewdness  ; 

Second — Who  is  the  owner  of  any  building  or  tenement, 
the  whole  or  any  part  of  which  is  used  for  any  of  the  purposes 
mentioned  in  the  first  subdivision  of  this  section;  or  has  control 
of  such  building  or  tenement  as  agent,  guardian  or  lessee  of 
such  owner,  or  as  the  agent  of  such  guardian  or  lessee,  and 
after  notice  of  such  improper  use  of  such  building  or  tenement 
shall  fail  to  suppress  the  same  by  removing  therefrom  the  occu- 
pants thereof ;  or, 

Third — Who  lets  any  building  or  tenement,  knowing  that 
the  lessee  intends  using  the  same,  or  any  part  thereof,  for  any 
of  the  purposes  mentioned  in  the  first  subdivision  of  this  sec- 
tion ;  or  harbors  or  keeps  about  his  or  her  private  premises  any 
whoremaster,  strumpet  or  whore,  knowing  the  same  to  be  guilty 
of  following  a  lewd  course  of  life  therein  ; 

Shall  be  liable,  for  such  offense,  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars,  or  to  imprisonment  for  any  term 
not  exceeding  three  months,  or  to  both  such  fine  and  imprison- 
ment. 

[December  18,  1877;  February  14,  1888.] 

Prostitution— Defense  of  Landlord. 

SEC.  49.  In  prosecutions  under  the  second  subdivision  of 
section  48  of  this  chapter,  it  shall  be  a  sufficient  defense  if  the 


MISDEMEANORS.  293 


defendant  shows  at  the  trial  that  he  has  diligently  used  the 
power  which  the  law  gives  him  to  suppress  the  improper  use  of 
the  building  or  tenement  concerning  which  the  charge  is  made. 
[December  18,  1877.] 

Reckless  Driving. 

SEC.  50.  Any  person  who  shall,  by  riding  or  driving  im- 
moderately or  recklessly,  run  any  horse,  mule  or  other  animal, 
in  any  of  the  streets  of  this  city,  shall  be  liable  to  a  fine  in  any 
sum  not  exceeding  fifty  dollars. 

[February  14,  1888.] 

Regulating  Speed  of  Vehicles. 

SEC.  51.  It  shall  be  unlawful  for  any  person  or  persons, 
when  passing  over  any  of  the  cross  or  sidewalks  between  the 
north  side  of  South  Temple  street  and  the  south  side  of  Third 
South  street,  on  State,  East  Temple  and  West  Temple  streets, 
and  between  the  east  side  of  State  street  and  the  west  side  of 
West  Temple  street,  on  South  Temple,  First  South,  Second 
South  and  Third  South  streets,  to  drive  any  single  or  other 
team,  except  the  fire  department  and  police  patrol,  and  they  in 
going  and  not  returning,  at  a  greater  speed  than  a  moderate 
walk. 

[November  22,  1892.] 

Regulating  Running  of*  Street  Cars. 

SEC.  52.  It  shall  be  unlawful  for  any  street  car  company, 
or  person  in  charge  of,  running  or  operating  any  car  or  cars,  for 
any  person,  company  or  corporation  to  run  the  same  over  any 
of  the  crossings  mentioned  in  section  51  of  this  chapter,  at  a 
greater  speed  than  the  speed  of  a  team  when  going  at  a  moder- 
ate walk;  and  in  all  cases  where  there  are  double  tracks  or 
parallel  lines  at  any  of  the  crossings  aforesaid,  and  cars  are 
passing  in  opposite  directions,  each  of  said  cars  shall  come  to  a 
stop  at  all  of  said  crossings;  that  where  one  car  has  halted  at 
any  of  said  crossings,  and  another  car  is  going  in  the  same  or 
the  opposite  direction,  the  car  so  moving  shall  be  brought  to  a 
full  stop,  before  attempting  to  pass  over  any  such  crossing. 


294  MISDEMEANORS. 


Any  person,  company  or  corporation  violating  any  of  the 
provisions  of  this  section,  or  section  51  of  this  chapter,  on  con- 
viction, shall  be  fined  in  any  sum  not  exceeding  one  hundred 
dollars. 

[November  22,  1892.] 

Riot  Wefined— Proclamation. 

SEC.  53.  When  three  or  more  persons  assemble  together, 
and  in  a  violent  and  tumultuous  manner,  commit  an  unlawful 
act,  or  do  a  lawful  act  in  an  unlawful,  violent  or  tumultuous 
manner,  to  the  disturbance  of  the  peace,  within  the  limits  of 
said. city,  it  shall  be  deemed  a  riot,  and  every  such  offender  shall 
be  liable  to  imprisonment  not  exceeding  six  months,  or  to  a  fine 
not  exceeding  one  hundred  dollars,  or  to  both  fine  and  imprison- 
ment ;  and  the  mayor  or  any  councilman  is  hereby  authorized 
to  make  proclamation  among  the  persons  so  assembled,  or  as 
near  to  them  as  he  can  safely  come,  charging  and  commanding 
them  in  the  name,  of  said  city,  to  immediately  disperse  and 
peacefully  depart  to  their  habitations  or  lawful  pursuits  ;  and  ifr 
upon  such  proclamation  being  made,  such  persons  shall  not 
obey  the  same,  said  mayor  or  councilman  may  command  the 
marshal,  the  police,  and  the  full  power  of  the  city  to  arrest  the 
offenders,  and  bring  them  before  any  officer  having  jurisdiction 
over  the  offense,  to  be  dealt  with  according  to  the  provisions  of 
this  section. 

[May  17,  1872.  J 

Riot— Assistance  in  Suppressing. 

SEC.  54.  Any  person  neglecting  or  refusing  to  give  prompt 
assistance  after  the  making  of  the  aforesaid  proclamation,  and 
a  call  for  his  services  having  been  made  to  secure  any  offenders 
mentioned  in  the  preceding  section,  shall  be  liable  to  imprison- 
ment not  exceeding  thirty  days  or  to  a  fine  not  exceeding  one 
hundred  dollars,  or  to  both  fine  and  imprisonment. 

[May  17,  1872.] 

Smoke  Emitted  from  Chimney*. 

SEC.  55.  The  proprietor,  lessee  or  occupant,  engineer  or 
fireman  of  any  building  in  which  a  boiler  is  or  may  be  used  for 


MISDEMEANORS.  295> 


generating  steam  or  electricity,  who  shall  permit  or  allow  dense 
smoke  to  issue  or  be  emitted  from  the  chimney  or  chimneys  of 
such  building,  used  in  connection  with  such  boiler,  within  the- 
corporate  limits  of  Salt  Lake  City,  shall  be  guilty  of  a  misde- 
meanor, and  shall,  upon  conviction  for  every  such  offense,  be- 
fined  in  a  sum  not  less  than  five  (dollars  nor  more  than  fifty 
dollars;  and  each  day  in  which  such  smoke  is  so  permitted  or 
allowed  to  issue  or  be  emitted  shall  constitute  a  separate  offense; 
Provided,  however,  that  the  penalty  herein  provided  shall  not 
apply  in  any  case  where  the  fireman,  engineer,  owner,  lessee  or 
occupant  has  supplied  such  building  with  and  shall  have  in  use 
a  sufficient  device  for  the  consumption  or  prevention  of  smoke; 
and  provided  further,  that  this  ordinance  shall  be  held  to 
apply  only  to  such  buildings  in  which  may  be  used  or  operated 
a  boiler  or  boilers  which  either  singly  or  in  batteries  are  of  the 
capacity  of  fifty  horse  power  or  over. 

[September  22,  1891;  in  effect  March  22,  1892.] 

Trespass. 

SEC.  56.  Any  person  who  shall  take  down  any  fence,  or  let 
down  any  bars,  or  open  any  gate  so  as  to  expose  any  enclosure, 
or  ride,  drive  or  walk  across,  or  lodge,  camp  or  sleep  upon,  the 
premises  of  another,  without  permission  of  the  owner  or  occu- 
pant thereof,  shall  be  liable  to  a  fine  in  any  sum  not  exceeding- 
one  hundred  dollars. 

[April  20,  1860;  February  14,  1888.] 

Vagrancy. 

SEC.  57.  Every  person  (except  an  Indian)  without  any  vis- 
ible means  of  living,  who  has  the  physical  ability  to  work,  and 
who  does  not,  for  the  space  of  five  days,  seek  employment,  nor 
labor  when  employment  is  offered  him  ;  every  healthy  beggar 
who  solicits  alms  as  a  business  ;  every  person  who  roams  about 
from  place  to  place  without  any  lawful  business  ;  every  idle  or 
dissolute  person,  or  associate  of  known  thieves,  who  wanders 
about  the  streets  at  late  or  unusual  hours  of  the  night,  or  who 
lodges  in  any  barn,  shed,  shop,  outhouse,  vessel,  or  place  other 
than  is  kept  for  lodging  purposes,  without  the  permission  of  the 
owner  or  party  entitled  to  the  possession  thereof  ;  every  lewd 


296  NUISANCES. 


aud  dissolute  person  who  lives  in  and  about  houses  of  ill-fame, 
and  every  common  prostitute  and  common  drunkard,  is  a  va- 
grant, and  punishable  by  imprisonment  not  exceeding  three 
months. 

[April  27,  1860;  February  14,  1888.] 


CHAPTER  XXVII. 


NUISANCES. 

Slaughter  House.  Market,  Meat  Shop. 

SECTION  1.  If  any  owner  or  occupier  of  any  slaughter 
house,  market,  meat  shop,  or  other  place  wherein  any  swine, 
beeves,  sheep,  fowls  or  other  animals  are  slaughtered,  kept  or  sold, 
either  in  said  slaughter  house  or  on  the  premises  of  said  owner 
or  occupier,  shall  permit  the  same  to  remain  unclean,  to  the  un- 
necessary annoyance  of  the  citizens  of  this  city,  or  any  of  them, 
or  in  any  state  or  condition  detrimental  to  the  public  health,  the 
same  shall  be  deemed  a  nuisance. 

[April  19,  1887.] 

Unclean  Drain— Garbage  Receptacle. 

SEC.  2.  If  any  person  causes  or  permits,  within  the  limits 
of  this  city,  any  unclean,  stinking,  foul,  defective  or  filthy 
drain,  ditch,  tank  or  gutter,  or  any  leaking  or  broken  slop,  gar- 
bage or  manure  box,  or  receptacle  of  similar  character,  to  remain 
on  his  premises,  the  same  shall  be  deemed  a  nuisance. 

[April  19,  1887.] 

Vegetable  Waste. 

SEC.  3.  All  vegetable  waste,  litter,  garbage,  filth  or  refuse 
of  any  nature,  kind  or  description  which  shall  be  detrimental  to 


NUISANCES.  297 


the  public  health,  found  in  or  upon  any  private  alley,  yard  or 
area  within  the  limits  of  this  city,  except  the  same  is  tempora- 
rily deposited  for  removal,  shall  be  deemed  a  nuisance. 
[April  19,  1887.] 

Stable  -Where  Manure  Accumulates. 

SEC.  4.  Whenever  any  stable,  stall,  shed  or  apartment,  or 
-any  yard  or  appurtenance  thereof,  in  which  any  horse,  cow  or 
swine,  or  other  animal  shall  be  kept,  or  in  any  place  within  the 
limits  of  this  city  in  which  manure  or  liquid  discharges  of  such 
animals  shall  collect  or  accumulate,  and  when  such  stable,  stall, 
-shed  or  apartment,  or  any  yard  or  appurtenance  thereof,  is  not 
kept  in  a  cleanly  and  wholesome  condition,  so  that  no  offensive 
smell  shall  be  allowed  to  escape  therefrom,  the  same  shall  be 
deemed  a  nuisance  ;  Provided,  that  nothing  in  this  section 
shall  be  so  construed  as  to  include  manure  deposits  upon  any 
private  property  for  the  purpose  of  cultivating  the  same,  and 
the  same  is  kept  in  an  innoxious  condition. 

[April  19,  1887.] 

Dirt,  Waste,  Rags,  Casks,  Etc. 

SEC.  5.  Whenever  there  shall  be  found  in  or  about  any 
lot  or  piece  of  ground  within  the  limits  of  this  city,  any  dirt 
•gathered  in  cleaning  yards,  waste  of  mills  or  factories,  or  any 
rags,  damaged  merchandise,  wet,  broken  or  leaking  barrels, 
casks  or  boxes,  or  any  materials  which  are  offensive  or  tend  to 
decay,  to  become  putrid,  or  to  render  the  atmosphere  impure  or 
unwholesome,  the  same  shall  be  deemed  a  nuisance. 

[April  19,  1887.] 

Bone  Crushing,  Glue  Factory,  etc, 

SEC.  6.  The  business  or  any  part  thereof,  or  any  or  every  of 
them,  of  bone  crushing,  bone  boiling,  fat  boiling,  gut  cleaning, 
•or  the  making  of  glue,  or  the  manufacture  of  fertilizing  mate- 
rial from  any  dead  animal,  or  part  thereof,  or  any  boiling  of 
offal,  swill,  fat  or  grease,  which  shall  be  done  or  carried  on  in 
an  offensive,  unclean  or  defective  manner  in  any  building,  yard 
or  lot  of  ground  within  the  limits  of  this  city,  shall  be  deemed 
-a  nuisance. 

[April  19,  1887.] 


298  NUISANCES. 


Soap  or  Oil   Factory,    Laundry,  etc. 

SEC.  7.  If  any  owner  or  occupier  of  any  soap  factory* 
candle  factory,  oil  factory,  glue  factory,  pork  house,  slaughter 
house,  lard  house  or  laundry  shall  permit  the  same  to  remain 
unclean,  or  conduct  his  business  to  the  annoyance  of  the  citizens 
of  this  city,  or  any  of  them,  the  same  shall  be  deemed  a  nui- 
sance. 

[April  19,  1887.] 

Offensive   Liquid  or  Refnse. 

SEC.  8.  Wherever  from  any  distillery,  brewery,  tannery, 
hide  house,  pork  house,  laundry,  fish  house,  soap  factory,  or  any 
yard,  dwelling,  store  or  factory,  or  any  yard  or  enclosure  of  any 
kind  whatsoever,  within  the  limits  of  this  city,  there  is  placed, 
conducted  or  discharged  into  or  on  any  street,  alley,  sidewalk, 
gutter,  water  ditch  or  canal,  or  any  vacant  lot,  any  filthy  or 
offensive  water,  liquid  waste,  refuse  or  discharge  of  any  kind 
which  is  offensive  or  liable  to  become  so,  the  same  shall  be 
deemed  a  nuisance. 

[April  19,  1887.] 

Brewery,  Tannery,  Barn,  etc. 

SEC.  9.  Every  brewery,  distillery,  tannery,  livery  stable  or 
barn,  laundry  or  factory  of  any  kind,  place  or  premises,  which 
is  or  shall  become  noisome,  foul  or  offensive,  shall  be  deemed  a 
nuisance. 

[April  19,  1887.] 

Dead  Animals. 

SEC.  10.  Any  horse,  cow,  ox,  dog,  cat  or  other  animal  that 
shall  die  within  the  limits  of  this  city,  and  the  carcass  of  which 
shall  not  be  removed  within  three  hours. after  the  death  to  the 
burial  ground  used  by  the  city  for  the  burial  of  such  dead 
animals,  shall  be  deemed  a  nuisance. 

[April  1-9,  1887.] 

Unsound  Food  or  Offensive  Matter. 

SEC.  11.  Any  putrid  or  unsound  meat,  fish,  hides  or  skins 
of  any  kind,  or  filth,  offal,  dead  animals,  vegetables,  or  any  un- 


NUISANCES.  299' 


Bound  or  offensive  matter  whatsoever,  thrown,  placed  or  con- 
ducted into  or  upon  any  street,  alley  or  lot,  or  into  any  aqueduct, 
ditch,  gutter  or  canal,  shall  be  deemed  a  nuisance. 
[April  19,  1887.] 

Putrid  Fat,  Waste  Paper,  Old  Clothes. 

SEC.  12.  Any  stale,  putrid  or  noisome  fat,  grease  or  other 
offensive  matter,  which  shall  be  kept,  collected  or  used  in  any 
manner  detrimental  to  the  public  health,  and  any  wrapping 
paper,  waste  paper,  hand  bills,  old  clothes,  boots,  shoes,  hats,  tin 
cans,  broken  dishes,  or  any  combustible  material,  or  any  rubbish 
whatsoever,  thrown  into  or  upon  any  street,  alley,  sidewalk,  gut- 
ter, ditch,  aqueduct  or  canal,  or  vacant  lot,  shall  be  deemed  a 
nuisance. 

[April  19,  1887.] 

Other  Things  Deemed  a  Nuisance. 

SEC.  13.  Every  act  or  thing  done  or  made,  permitted,  al- 
lowed or  continued  on  any  property,  public  or  private,  by  any 
person  or  corporation,  their  agents  or  servants,  detrimental  to 
health,  or  to  the  damage  or  injury  of  any  of  the  inhabitants  of 
this  city,  not  hereinbefore  specified,  shall  be  deemed  a  nuisance. 

[April  19,  1887.] 

Police  to  Report  Nuisances. 

SEC.  14.  It  shall  be  the  duty  of  all  police  officers  to  observe 
the  sanitary  conditions  of  this  city,  and  report  to  the  health 
commissioner  promptly  any  nuisance  or  accumulated  filth,  or 
any  condition  detrimental  to  the  public  health,  found  in  any 
portion  of  the  city. 

[April  19,  1887;  May  29,  1890.] 

Health  Commissioner  to  Ahate. 

SEC.  15.  Every  nuisance  hereinbefore  mentioned,  declared 
or  defined,  is  hereby  prohibited,  and  in  case  of  neglect  or  re- 
fusal of  any  person  to  comply  with  the  provisions  of  this  chap- 
ter, after  notice  in  writing  has  been  served  as  provided  by  sec- 
tion 18  hereof,  it  is  hereby  made  the  duty  of  the  health  commis- 


300  NUISANCES. 


;sioners  to  abate  or  procure  the  abatement  thereof  by  filling  up, 
•draining,  cleaning,  purifying  or  removing  the  same,  as  the  case 
may  be,  and  the  costs  shall  be  collected  from  the  authors  thereof. 
[April  19,  1887;  May  29,  1890.] 

Penalty  for  Violation. 

SEC.  16.  Any  person  or  persons  who  shall  be  convicted  of 
being  the  author  or  keeper  of  a  nuisance,  or  otherwise  guilty  of 
a  violation  of  any  provision  of  this  chapter,  shall  be  fined  for 
the  first  offense  not  less  than  ten  dollars  nor  more  +han  one 
hundred  dollars,  and  for  the  second  offense  not  less  than  twenty- 
five  dollars  nor  more  than  one  hundred  dollars,  and  for  the  third 
.and  all  subsequent  offenses  not  less  than  fifty  dollars  nor  more 
than  one  hundred  dollars. 

[April  19,  1887.] 

"Author  of  Nuisance"  Defined. 

SEC.  17.  Where  a  nuisance  exists  upon  property,  and  is 
the  outgrowth  of  the  usual,  natural  or  necessary  use  of  the 
property,  the  landlord  thereof,  or  his  agent,  the  tenant,  or  his 
agent,  and  all  other  persons  having  control  of  the  property  on 
which  such  nuisance  exists,  shall  be  deemed  to  be  the  authors 
thereof,  and  shall  be  equally  liable  therefor;  but  where  any  such 
nuisance  shall  arise  from  the  unusual  or  unnecessary  use  to 
which  such  property  may  be  put,  or  from  business  thereon  con- 
ducted, then  the  occupants,  and  all  other  persons  contributing 
to  the  continuance  of  such  nuisance,  shall  be  deemed  the  au- 
thors thereof. 

[April  19,  1887;  November  13, 1888.] 

Notice  to  Abate  Nuisance. 

SEC.  18.  In  order  to  better  carry  out  the  provisions  of  this 
•chapter  the  health  commissioner  may  serve  a  notice  in  writing 
upon  the  owner,  occupant  or  agent  of  any  lot,  building  or  prem- 
ises in  or  upon  which  any  nuisance  may  be  found,  or  upon  him 
who  may  be  the  cause  of  such  nuisance,  requiring  him  to  abate 
the  same  in  such  manner  as  the  health  commissioner  may  direct, 

within  a  reasonable  time;  and  if  such  owner,  occupant  or 


NUISANCES.  301 


agent  shall  neglect  or  refuse  to  comply  with  the  requirements- 
of  such  notice  within  the  time  specified,  he  shall,  upon  convic- 
tion thereof,  be  fined  in  any  sum  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars.  The  failure  to  give  a  notice  as 
provided  herein  shall  not  relieve  the  author  of  any  nuisance  of 
the  penalties  provided  in  this  chapter. 

[April  19,  1887;  February  14,  1888;  May  29,  1890.] 

l»n I y  and  Power  of  Health  Commissioner. 

SEC.  19.  It  shall  be  the  duty  of  the  health  commissioner 
to  ascertain  and  cause  all  nuisances  declared  to  be  such  in  this 
chapter  to  be  abated,  and  he  shall  have  authority,  either  by  him- 
self or  by  his  agents  or  deputies,  in  the  day  time,  to  enter  any 
house,  stable,  store  or  any  building,  in  order  to  make  a  thorough 
examination  of  cellars,  vaults,  sinks  or  drains;  to  enter  upon  all 
lots  and  grounds  and  cause  all  stagnant  waters  to  be  drained  off,, 
and  pools,  sinks,  vaults,  drains,'  holes  or  low  grounds  to  be- 
cleansed,  filled  up  or  otherwise  purified,  and  to  cause  all  noisome- 
substances  to  be  abated  or  removed. 

[April  19,  1887;  May  29,  1890.] 


302  PARK   COMMISSIONERS. 


CHAPTER  XXVIII. 


PAKE   COMMISSIONERS. 

How  Appointed. 

SECTION  1.  A  board  of  park  commissioners,  to  consist  of 
five  citizens,  residents  and  taxpayers  of  Salt  Lake  City,  is  hereby 
created.  Said  commissioners  shall  be  appointed  by  the  city 
council  by  resolution,  and  each  of  the  five  municipal  wards 
shall  be  represented  on  said  board.  Two  of  said  commissioners 
shall  hold  office  for  one  year,  two  for  two  years  and  one  for 
three  years,  and  after  the  appointment  of  said  five  members  it 
shall  be  the  duty  of  the  city  council  to  appoint  new  or  re- 
appoint  the  old  members  of  said  board  at  the  expiration  of  their 
term  of  office.  Said  commissioners  shall  be  subject  to  removal 
&t  the  pleasure  of  the  city  council. 

Duties  of  Board. 

SEC.  2.  The  said  board  shall  have  charge  of  Liberty  Park 
and  such  other  public  squares  (and  public  grounds)  belonging 
to  the  city  as  the  city  council  may  hereafter  direct.  The  said 
board  shall  have  power  to  establish  rules  for  the  management, 
care  and  use  of  public  parks  and  parkways  ;  and  it  shall  be  the 
duty  of  said  board  from  time  to  time  to  devise  and  suggest  to 
the  city  council  a  system  of  public  parks,  parkways  and  boule- 
vards within  the  city  limits  or  within  three  miles  of  the  limits 
thereof.  A  majority  of  all  the  members  of  the  board  of  park 
commissioners  shall  constitute  a  quorum.  It  shall  be  the  duty 
of  said  board  of  park  commissioners  to  lay  out,  improve  and 
beautify  all  grounds  under  their  immediate  charge  and  control, 
and  by  and  with  the  advice  and  consent  of  the  council  employ  a 
secretary  and  also  such  landscape  gardeners,  keepers,  assistants 
or  laborers  as  may  be  necessary  for  the  proper  care  and  main- 


PARK    COMMISSIONERS.  308 


tenance  of  such  parks.  The  members  of  said  board,  at  its  first 
meeting  each  year,  shall  elect  one  of  their  own  members  as 
chairman  of  said  board.  Before  entering  upon  their  duties 
each  member  of  said  board  shall  take  an  oath,  to  be  filed  with 
the  city  recorder,  that  he  will  faithfully  perform  the  duties  of 
his  appointment. 

Reports. 

SEC.  3.  The  said  board  shall  report  quarterly  to  the  coun- 
cil the  condition  of  all  parks  and  public  squares  in  the  city,  and 
the  improvements  which,  in  their  judgment,  should  be  made  in 
any  of  said  parks  or  public  squares,  together  with  the  probable 
cost  or  expense  of  making  the  same. 

Salaries. 

SEC.  4.  The  members  of  said  board  and  the  employes 
thereof  shall  receive  for  their  services  such  compensation  as 
may  be  fixed  by  the  city  council. 


304  POLICE. 


CHAPTER    XXIX. 


POLICE. 

The  Chief— Books  to  Be  Kept. 

SECTION  1.  The  chief  of  police  shall  provide  and  cause  to- 
be  kept  at  the  police  station  in  the  city  hall  a  register  of  arrests. 
Upon  such  register  there  shall  be  entered  a  statement  showing 
the  date  and  hour  of  such  arrests,  the  name  of  the  person 
arrested,  the  name  of  the  officer  making  the  arrest,  the  offense 
charged,  and  a  description  of  any  property  found  upon  the 
person  arrested.  He  shall  also  provide  a  slate  or  book  accessi- 
ble to  citizens,  wherein  notice  may  be  given  of  the  violation  of 
any  ordinance.  He  shall  also  provide  and  keep  in  his  office  a 
book  wherein  shall  be  entered  daily  all  information  he  may 
receive  respecting  offenses  committed,  of  suspected  persons,  of 
property  stolen  and  recovered,  and  facts  that  may  lead  to  the- 
arrest  of  criminals  or  the  recovery  of  stolen  property;  said 
book  to  be  accessible  only  to  the  mayor  and  officers  of  the  police 
department. 

[February  14,  1888.] 

Power  and  Duties  of  Chief. 

SEC.  2.  The  chief  of  police  shall  have  the  direction  and 
control  of  the  police,  and  may,  in  any  case  of  breach  of  ordi- 
nance, arrest  the  person  or  persons  offending  or  report  the  same 
forthwith  to  the  chairman  of  the  police  committee  of  the  coun- 
cil. He  shall  be  under  the  direction  of  the  council  exclusively 
in  maintaining  the  peace  and  good  order  of  the  city.  The 
council  shall  have  exclusive  authority  to  establish  and  regulate- 
the  police  of  the  city,  and  the  chief  of  police  shall  conform  to- 
such  general  police  regulations  as  the  council  may  from  time  to 
time  direct.  The  chief  of  police  shall  report,  on  or  before  the 
fifteenth  day  of  January  in  each  year,  or  oftener  if  required,  in 


POLICE.  305 

writing,  to  the  city  council,  a  true  and  certified  account  of  the 
number  of  arrests  and  class  of  crimes  charged,  the  amount  of 
stolen  property  reported,  the  amount  recovered,  and  the  number 
of  policemen  on  duty  during  the  year.     \ 
[March  9,  1860;  February  14,  1888.] 

Rules  and  Regulations. 

SEC.  3.  The  city  council  and  chief  of  police  are  author- 
ized and  required  to  make  all  needful  rules  and  regulations,  not 
inconsistent  with  the  ordinances  of  the  city,  for  the  government 
and  control  of  the  police  department. 

[March  9,  I860.] 

Oath  and  Duties  of  Policemen. 

SEC.  4  Every  policeman  appointed  shall  take  an  oath  for 
the  faithful  performance  of  his  duties  as  policeman,  and  shall 
see  that  the  ordinances  of  the  city  are  complied  with. 

[March  9,  I860.] 

Uniforms  and  Radges  While  on  Duty. 

SEC.  5.  All  members  of  the  police  force  of  Salt  Lake  City 
shall  provide  themselves  with  uniforms  and  badges  of  office, 
which  shall  be  worn  by  them  on  all  occasions,  when  on  duty, 
with  such  exceptions  on  the  part  of  officers  performing  detec- 
tive duty  as  may  be  permitted  by  the  chief  of  police. 

[October  22,  1889.] 

, 
Full  Dress  of  Officers  Described. 

SEC.  6.  The  full  dress  of  the  members  of  the  police  force 
shall  be  of  dark  blue  cloth,  and  shall  be  as  follows: 

For  the  Chief — The  dress  shall  be  a  double-breasted  frock 
coat,  with  two  rows  of  "police"  buttons  on  the  breast,  eight 
buttons  in  each  row,  placed  in  pairs;  three  small  buttons  at  the 
under  seam  of  each  cuff;  one  button  on  each  hip;  one  button  on 
the  bottom  of  each  skirt  pocket  welt. 

The  vest— Single-breasted,  with  eight  buttons  placed  at 
equal  distances;  black  necktie  and  white  shirt  collar;  panta- 
loons, plain. 

The  overcoat  shall  be  double-breasted,  and  shall  have  eight 
"police"  buttons  on  each  breast,  four  on  back  and  skirt,  and 

three  on  cuffs. 
20 


306  POLICE. 

The  wreath  on  the  hat  to  enclose  the  words  "Chief  of  Po- 
lice," in  gold. 

Sergeants  and  Corporals — Such  members  of  the  police 
force  a&  may  be  detailed  by  the  chief  of  police  to  act  as  ser- 
geants and  corporals  shall  wear  the  same  uniform  as  policemen, 
with  an  appropriate  chevron. 

Policemen — The  dress  shall  be  a  single-breasted  frock  coat, 
with  eight  buttons  on  the  breast,  one  button  on  each  hip,  one 
button  on  the  bottom  of  each  pocket,  and  two  small  buttons  on 
the  under  seam  of  each  cuff. 

Vest — Single-breasted,  with  eight  buttons  placed  at  equal 
distances;  white  shirt  collar,  black  necktie;  pantaloons,  plain. 

The  overcoat  shall  have  eight  "police"  buttons  on  the 
breast,  four  on  the  back  and  skirt,  and  two  on  each  cuff. 

Provided,  That  the  members  of  the  police  force  may,  dur- 
ing the  months  of  June,  July,  August  and  September,  wear  as 
uniforms  a  single-breasted,  dark  blue  flannel  blouse,  with  six 
police  buttons  thereon,  in  lieu  of  the  regular  police  uniform. 

[October  22,  1889  ;   July  29,  1890.] 

Badges  and  Stars. 

SEC.  7.  Tho  chief  and  policemen  shall  wear  a  badge  of 
silver  in  the  form  of  a  shield  with  a  gold  star  in  the  center 
thereof,  and  the  words  "  Salt  Lake  City  Police"  inscribed  there- 
on. 

[October  22,  1889.] 

Hat  to  Be  Worn. 

SEC.  8.  The  policemen  shall  wear  the  regulation  Derby 
hat,  with  such  insignia  inscribed  thereon  as  will  designate  their 
rank. 

[October  22,  1889  ;  October  29,  1889  ;  March  18,  1890.] 

Uniforms  Must  Be  Approved. 

SEC.  9.  All  police  uniforms  shall  be  subject  to  the  ap- 
proval of  the  committee  on  police,  and  uniforms  not  in  accord- 
ance with  the  standard  prescribed  in  this  chapter  shall  be 
rejected  by  them. 

[October  22,  1889.] 


N 


POLL   TAX.  307 


CHAPTER 


POLL  TAX. 

Amount— Who  Liable  to  Pay. 

SECTION  1.     Two  days'  work  of  eight  hours  each,  or  in  lieir 
thereof  three  dollars  lawful  money,  is  an  annual  road  poll  tax 
upon  every  man  over  twenty-one  and  under  fifty  years  of  age,, 
who  is  not  physically  incapacitated  to  work,  resident  within  Salt 
Lake  City. 

[April  6,  1886.] 

How   Used. 

SEC.  2.  Said  poll  tax  shall  be  collected  under  the  regula- 
tions hereinafter  provided,  and  shall  be  used  by  said  city  for 
improving  : 

First — The  public  highways  designated  by  the  county  court 
of  Salt  Lake  county,  within  and  running  through  said  city;  and, 

Second — Any  other  streets  or  alleys  in  said  city. 

All  labor  performed  shall  be  done  under  the  direction  of 
the  supervisor  of  streets  for  Salt  Lake  City. 

[April  6,  1886.] 

List  of  Taxpayers,    How   Made. 

SEC.  3.  Said  supervisor  shall,  by  diligent  search  and  in- 
quiry, made  at  such  times  as  he  may  elect  between  the  first  day 
of  January  and  the  thirtieth  day  of  November  in  each  year, 
ascertain  and  list  the  names  of  all  persons  within  the  corporate 
limits  of  said  city,  who  are  liable  to  pay  poll  tax,  as  provided  in 
section  1  of  this  chapter.  He  shall  enter  said  names  in  a  suit- 
able register,  which  shall  be  furnished  him  for  that  purpose  by 
the  city  recorder,  at  the  expense  of  the  city.  The  names  in 
each  municipal  ward  shall  be  entered  on  the  register  separately 
from  the  names  of  the  other  wards,  and  the  names  in  each  ward- 


308  POLL   TAX. 

.shall  be  in  alphabetical  order,  with  suitable  columns  opposite 
each  name  to  enter  date  of  notice,  the  time  in  which  the  person 
named  is  required  to  perform  the  labor,  the  kind  of  pay  re- 
ceived and  date  of  payment. 
[April  6,  1886.] 

Notice  to  Work  to  Be  Given. 

SEC.  4.  It  shall  be  the  duty  of  said  supervisor,  at  some 
time  between  the  first  day  of  January  and  the  thirtieth  day  of 
November  in  each  year,  to  deliver  to  each  person  liable  to  pay 
poll  tax,  or  leave  at  his  residence  or  usual  place  of  business,  a 
written  or  printed  notice,  citing  him  to  appear  at  such  time  and 
place  as  may  be  designated  in  said  notice,  with  appropriate  tools 
for  the  kind  of  work  to  be  performed,  giving  each  person  not 
less  than  two  days'  notice  of  such  requirement.  Whenever 
necessary,  the  supervisor  is  authorized  to  employ  team  labor 
upon  such  terms  as  he  may  deem  proper. 

[April  6,  1886.] 

Delinquent  Tax  Payable  in  Money. 

SEC.  5.  If  any  person  shall  fail  to  pay  the  tax  required  by 
this  chapter,  within  ten  days  after  the  time  mentioned  in  the 
notice  provided  for  in  the  preceding  section,  said  tax  shall  be 
deemed  delinquent,  and  the  person  so  liable  shall  thereafter  be 
required  to  pay  such  tax  in  money ;  and  the  supervisor  of  streets, 
as  such,  must  proceed  to  collect  the  same  as  an  action  of  debt 
in  any  court  having  jurisdiction;  and  no  property  of  such  de- 
linquent shall  be  exempt  from  execution  on  a  judgment  so  re- 
covered. 

[April  6,  1886.] 

Money  to  Be  Paid  to  Treasurer. 

SEC.  6.  The  supervisor  is  hereby  authorized  to  receive,  at 
his  office,  cash  in  payment  of  poll  tax,  from  any  person  tender- 
ing the  same,  and  he  shall  pay  over  all  money  so  collected  to 
the  city  treasurer  quarterly,  or  oftener  if  required  by  the  city 
council.  He  shall  keep  stub  receipt  books,  issue  all  receipts 
therefrom,  and  deliver  to  each  person  making  payment  of  tax  a 
receipt  therefor.  The  receipts  and  stubs  shall  each  show 


POLL   TAX.  309 

whether  the  tax  was  paid  in  money  or  labor,  and  if  paid  in  both,, 
what  portion  of  each.  The  stubs  shall  also  contain  any  other 
facts  shown  in  the  receipts.  The  stubs  of  said  receipt  books- 
shall  be  delivered  to  the  city  treasurer,  wjith  all  moneys  not  pre- 
viously paid  over,  on  or  before  the  fifteenth  day  of  December  in 
each  year. 

[April  6,  1886.] 

Annual    Report  to  Council. 

SEC.  7.  On  or  before  the  31st  day  of  January  in  each  year 
the  supervisor  of  streets  shall  return  to  the  city  council  the 
register  provided  for  in  section  3  of  this  chapter,  with  a  written 
report  containing  a  summary  of  the  facts  shown  therein,  which 
said  report  shall  show: 

First — The  total  number  of  persons  assessed  for  poll  tax 
during  the  past  year  in  Salt  Lake  City. 

Second — The  total  amount  of  poll  tax  paid  in  labor. 

Third — The  total  amount  of  poll  tax  paid  in  money. 

Fourth — The  amount  of  tax  collected  by  suit,  and  the- 
names  of  the  delinquents. 

Fifth — The  amount  of  uncollected  poll  tax,  the  name  of 
each  delinquent,  and  the  reason  in  each  case  why  such  tax 
remains  uncollected. 

Sixth — The  amount  and  kind  of  poll  tax  labor  expended 
within  the  city  limits,  and  the  places  where  such  labor  was  per- 
formed. 

Seventh — A  general  report  of  the  condition  of  public  high- 
ways within  his  jurisdiction. 

[April  6,  1886;  February  14,  1888.] 

Special  Reports— Penalty. 

SEC.  8.  The  city  council  may  at  any  time  require  special 
reports  from  the  street  supervisor.  A  failure  to  make  any 
report  as  provided  in  this  chapter  shall  subject  the  supervisor 
to  a  penalty  in  any  sum  not  exceeding  one  hundred  dollars,  to- 
be  recovered  in  an  action  on  his  bond. 

[April  6,  1886;  February  14,  1888.] 


310  PRISONERS   AND   CITY   PRISON. 


CHAPTER   XXXI. 


PRISONERS  AND  CITY  PRISON. 

Commitment  Until  Fine  Paid. 

SECTION  1.  In  any  case  where  a  party  is  sentenced  to  pay 
a  fine,  or  fine  and  costs,  under  an  ordinance  of  Salt  Lake  City, 
the  court  may  direct  that  he  stand  committed  until  the  fine  or 
the  fine  and  costs  are  paid,  not  to  exceed  one  day  for  each  dollar 
of  fine  or  fine  and  costs.  » 

[February  14,  1888.] 

Court  llay  Order  Prisoner  to  Labor. 

SEC.  2.  Any  person  who  is  committed  to  imprisonment  for 
violating  any  ordinance  of  said  city  may  be  ordered  by  the  court 
passing  judgment  to  perform  labor  on  the  public  works,  or 
other  works  of  said  city  as  his  or  her  strength  will  permit,  dur- 
ing the  term  of  such  imprisonment  ;  but  no  prisoner  shall  be 
required  to  perform  labor  more  than  ten  hours  a  day,  nor  per- 
form labor  on  Sunday  or  on  any  legal  holiday,  and  to  be  allowed 
one  dollar  for  each  day's  work  on  account  of  such  fine  and  im- 
prisonment. 

[June  17,  1891.] 

Jailer  to  Adopt  Rules— Record. 

SEC.  3.  It  shall  be  the  duty  of  the  jailer  of  the  city  prison 
to  formulate  a  system  of  prison  rules  and  to  keep  a  record  in 
which  he  shall  enter  a  statement  of  every  infraction  thereof 
committed  by  any  of  the  convicts.  At  the  end  of  each  mouth  he 
shall  certify  upon  said  record  to  the  good  conduct  of  each  con- 
vict who  has  not  been  guilty  of  an  infringement  of  any  of  the 
rules. 

[April  9,  1889.] 


PRISONERS   AND   CITY   PRISON.  311 

Redaction  of  Sentence  for  Good  Behavior. 

SEC.  4  Each  convict  who  has  not  been  guilty  of  a  breach 
of  the  rules  of  the  prison  shall  be  entitled  to  a  reduction  of  the 
period  of  sentence  as  hereinafter  provided  ;  and  when  the  term 
of  imprisonment  for  each  convict  who  has  been  sentenced  by  the 
court  shall  be  diminished  by  good  conduct  under  the  provisions 
of  this  ordinance,  so  that  the  term  of  imprisonment  has  thereby 
expired,  the  jailer  of  the  city  prison  shall  immediately  furnish 
to  the  city  auditor  a  certificate  stating  the  length  of  time  the 
term  of  imprisonment  has  been  so  diminished,  and,  no  objection 
appearing  to  the  mayor,  the  convict  shall  be  released. 

[April  9,  1889.] 

Amount  of  Deductions. 

SEC.  5.  The  following  deductions  shall  be  allowed  to  con- 
victs for  good  behavior:  From  a  term  of  sentence  of  one  month, 
five  days;  from  a  term  of  two  months,  ten  days;  from  a  term  of 
three  months,  fifteen  days;  from  a  term  of  four  months,  twenty 
days ;  from  a  term  of  five  months,  twenty-five  days ;  from  a  term 
of  six  months,  thirty  days. 

[April  9,  1889.] 

Proportion  Deductions. 

SEC.  6.  In  all  terms  of  sentence  terminating  immediately 
between  the  terms  hereinbefore  specified,  the  deduotion  shall  be 
proportionate  to  those  named  in  the  foregoing  section. 

[April  9,  1889.] 

When  Prisoner  Forfeits  Deductions. 

SEC.  7.  For  a  violation  of  the  rules,  the  convict  shall  be 
liable  to  forfeit  all  or  any  part  of  the  reduction  time,  as  the 
jailer  may  determine;  Provided,  that  any  convict  who  may  feel 
aggrieved  by  the  action  of  the  jailer,  or  other  officer  in  charge, 
in  such  cases,  shall  have  the  right  to  appeal  to  the  mayor,  who, 
upon  investigation,  may  credit  back  the  reduction  time  of  which 
the  convict  has  been  deprived,  or  any  part  thereof,  if  in  the 
judgment  of  the  mayor  it  would  be  just  and  right  to  do  so. 

[April  9,  1889.] 


312  PROCEDURE. 


Further  Duties  of  Jailer. 

SEC.  8.  It  shall  be  the  duty  of  the  jailer  to  take  charge  of 
the  city  prison,  to  cause  the  same  to  be  warmed  and  lighted 
when  it  shall  be  necessary,  and  kept  clean  and  in  proper  order. 
He  shall  have  the  custody  of  the  inmates  thereof,  and  shall  see 
to  feeding  and  otherwise  caring  for  the  same.  He  shall  further- 
more see  that  all  rules  prescribed  by  the  city  council  for  the 
government  of  the  prison  are  carried  into  effect.  He  shall  keep 
a  book,  in  which  shall  be  entered  the  day  and  hour  of  receiving 
a  prisoner  and  the  day  and  hour  of  his  release. 

[February  14,  1888.] 


CHAPTER  XXXII. 


PKOCEDUKE. 
t 
To  Conform  to  Act  of  Legislature. 

SECTION  1.  In  all  cases  of  prosecution  for  the  violation  of 
any  of  the  ordinances,  rules  or  regulations  of  the  city,  the  pro- 
cedure shall  conform  substantially  to  the  requirements  of  the 
act  of  the  Territorial  legislature,  approved  March  13,  1884,  and 
entitled  "An  act  revising  the  proceedings  in  justices'  courts,  and 
providing  for  appeals  to  district  courts  in  criminal  cases,"  and 
to  all  acts  amendatory  thereof. 

[February  14,  1888.] 


PROVISION  INSPECTOR.  313 


CHAPTER  XXXIII. 


PROVISION  INSPECTOR. 

Duty  of  Inspector  of  Provision. 

SECTION  1.  It  shall  be  the  duty  of  the  inspector  of  pro- 
visions to  obey  all  orders  of  the  health  commissioner  and  board 
of  health.  He  shall  perform  all  the  duties  usually  and  ordina- 
rily required  of  such  an  official,  including  the  inspection  of 
dairies,  slaughter-houses,  and  all  places  of  business  contem- 
plated in  chapter  eighteen  (18)  of  these  revised  ordinances, 
attend  to  the  proper  enforcement  of  the  provisions  of  that 
chapter,  and  make  the  proper  tests  to  determine  the  purity  of 
milk  and  other  food  products  held  for  sale  in  Salt  Lake  City. 

[March  17,  I860.] 


314  PUBLIC   LANDS. 


CHAPTER  XXXIV. 


PUBLIC  LANDS. 


A  RESOLUTION 

AUTHORIZING  THE  MAYOR  TO  TENDER  CERTAIN  LANDS  TO  THE 
CHANCELLOR  AND  BOARD  OF  REGENTS  IN  TRUST  FOR  THE 
UNIVERSITY  OF  DESERET,  AND  TO  EXECUTE  A  DEED  THERE- 
FOR UPON  CERTAIN  CONDITIONS. 


Union  Square  Donated  to  University  of  Deseret. 

WHEREAS,  The  Corporation  of  Salt  Lake  City  is  desirous  of 
aiding  the  cause  of  education,  and  recognizing  the  necessity  of 
suitable  buildings  upon  grounds  eligible  for  such  purpose,  and 
the  benefits  which  will  result  to  the  people  at  large  by  increased 
facilities  for  education  ;  therefore, 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City: 
That  the  mayor  of  said  city  be  and  is  hereby  authorized  to  ten- 
•der,  as  a  donation  to  the  chancellor  and  board  of  regents  of  the 
University  of  the  State  of  Deseret,  in  trust  for  the  use  and 
benefit  of  said  University,  the  square  known  as  Union  Square 
belonging  to  said  city,  being  block  one  hundred  and  two  (102), 
plat  A,  Salt  Lake  City  survey,  on  which  to  erect  suitable  build- 
ings for  educational  purposes,  upon  the  following  conditions  : 

First — The  acceptance  of  the  trust  by  said  chancellor  and 
board  of  regents  ; 

Second — The  payment  of  one  dollar  ; 

Third — The  erection  upon  said  land  of  the  chief  and  prin- 
cipal buildings  of  said  University  ; 

Fourth — That  such  buildings  shall  be  used  exclusively  for 
•educational  purposes  and  purposes  incidental  thereto  ; 


PUBLIC   LANDS.  315' 


Fifth — That  suitable  courses  of  instruction  shall  be  pro- 
vided and  maintained  in  said  buildings  at  all  reasonable  times, 
by  and  under  the  direction  of  said  chancellor  and  board  of  re- 
.gents  and  their  successors  in  office  ; 

Sixth — That  the  right  of  the  inhabitants  of  said  city  to 
enter  upon  said  land  or  grounds  for  the  purpose  of  promenade 
shall  be  forever  reserved,  and  to  be  exercised  under  and  subject 
to  such  regulations  as  may  from  time  to  time  be  established  by 
said  chancellor  and  board  of  regents,  in  conjunction  with  the 
mayor  of  Salt  Lake  City,  and  their  respective  successors  ; 

Seventh — That  whenever  the  purpose  for  which  the  pro- 
posed trust  is  granted  shall  cease  to  be  carried  out,  and  when 
University  buildings,  and  courses  of  instruction  therein  shall 
•cease  to  be  maintained  and  continued,  the  proposed  trust  shall 
cease  and  become  absolutely  void  and  of  non-effect. 

And  on  the  acceptance  by  the  said  chancellor  and  board  of 
regents  of  the  trust  hereby  proposed  on  the  conditions  as  afore- 
said, the  said  mayor  be  and  is  hereby  authorized  to  execute  the 
proper  deed  of  conveyance  of  said  described  premises  to  said 
chancellor  and  board  of  regents,  in  trust  for  the  use  and  benefit 
•of  said  University,  subject  to  such  conditions. 

[Adopted  October  19,  1880.] 


A    RESOL.UTTOW 

RATIFYING  AND  CONFIRMING  THE  DONATION  BY  SALT  LAKE  CITY 
OF  LANDS  FOE  THE  SITE  OF  A  CAPITOL  BUILDING  FOB 
THE  TERBITOBY  OF  UTAH. 


Donation  of  Site  for  Capitol  Bnilding. 

WHEREAS,  The  city  of  Salt  Lake  has  offered  and  tendered 
to  the  Territory  of  Utah,  under  the  conditions,  limitations  and 
restrictions  hereinafter  named,  the  following-described  lands 
and  premises,  to  be  used  and  devoted  to  the  erection  of  the 
capitol  buildings  of  the  Territory  or  the  future  State  of  Utah, 
to-wit:  Beginning  at  a  point  two  hundred  and  fifty-two  (252) 


316  PUBLIC   LANDS. 


feet  south  and  seven  hundred  and  ninety-nine  and  one-half 
(799|)  feet  east  from  the  southwest  corner  of  the  northwest 
quarter  of  section  thirty-one  (31),  township  one  (1)  north  of 
range  one  (1)  east,  Salt  Lake  meridian;  thence  east  one  hun- 
dred and  thirty -two  (132)  feet,  thence  north  eighteen  (18)  de- 
grees east  five  hundred  (500)  fe«t,  thence  north  nine  hundred 
(900)  feet,  thence  west  one  thousand  (1000)  feet,  thence  south 
twenty-seven  (27)  degrees  forty-five  (45)  minutes  east  fifteen 
hundred  and  fifty  (1550)  feet  to  the  place  of  beginning;  con- 
taining nineteen  and  forty-six  one-hundredths  (19  46-100)  acres; 
said  tract  being  contained  within  the  limits  of  the  west  half  of 
said  section  thirty-one  (31);  also  an  additional  one-half  interest 
in  five  (5)  acres  of  land,  more  or  less,  as  may  be  necessary, 
suitably  situated  on  Capitol  Hill,  for  reservoir  purposes,  the 
location  of  said  land  to  be  hereafter  determined  by  the  Territory 
and  city,  the  said  conditions,  limitations  and  restrictions  to  be 
as  follows,  to- wit: 

/ 
First — Acceptance  of  the  land  designated  and  trust  herein 

conferred  under  the  conditions  named. 

Second — The  payment  of  one  ($1.00)  dollar. 

Third — The  erection  upon  said  lands  of  the  eapitol  build- 
ings of  the  Territory  or  future  State. 

Fourth — That  such  buildings  be  used  exclusively  for  Terri- 
torial or  State  purposes. 

Fifth — That  the  portion  of  said  land  not  actually  devoted 
to  buildings,  as  aforesaid,  be  improved  and  cultivated  as  a  pub- 
lic park. 

Sixth — That  whenever  the  purposes  for  which  the  proposed 
grant  is  made  shall  cease  to  be  carried  out,  and  said  grounds 
shall  cease  to  be  used  for  eapitol  grounds  or  Territorial  or  State 
purposes,  as  herein  provided,  then  the  proposed  trust  shall 
cease  and  the  grant  become  absolutely  void  and  of  no  effect,  and 
said  lands  revert  to  the  grantor;  and 

WHEREAS,  The  said  offer  and  tender  of  said  lands  by  the 
city  of  Salt  Lake  to  the  Territory  of  Utah  has  been  accepted  by 
the  said .  Territory,  subject  to  the  conditions,  limitations  and 
restrictions  in  said  offer  specified  and  set  forth;  now,  therefore, 


PUBLIC   LANDS.  817 


Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City :  That 
the  mayor  be,  and  is  hereby,  authorized  to  execute  a  deed  of  con- 
veyance of  the  lands  hereinbefore  described  to  the  Territory  of 
Utah,  subject  to  the  conditions  named.  ' 

[Adopted  March  6,  1888.] 


A    RESOLUTION 

RATIFYING  AND  CONFIRMING  THE  DONATION  BY  SALT  LAKE  CITY 
OF  LANDS  FOR  THE  SITE  OF  TERRITORIAL  FAIR  BUILDINGS 
FOR  THE  TERRITORY  OF  UTAH. 


Donation  of*  Site  tor  Territorial  Fair  Buildings. 

WHEREAS,  The  City  of  Salt  Lake  has  offered  and  tendered 
to  the  Territory  of  Utah,  under  the  conditions,  limitations  and 
restrictions  hereinafter  named,  the  following  described  lands 
and  premises,  to  be  used  and  devoted  to  the  erection  of  Territo- 
rial or  State  fair  buildings,  to- wit :  All  of  block  twenty-five 
(25),  plat  B,  Salt  Lake  City  survey,  the  said  conditions,  limit- 
ations and  restrictions  to  be  as  follows,  to-wit : 

First. — Acceptance  of  the  governor  and  legislative  assembly 
of  the  premises  designated  and  trust  herein  conferred. 

Second. — The  payment  of  one  dollar. 

Third.— That  the  sum  of  twenty  thousand  ($20,000)  dollars 
be  appropriated  by  the  governor  and  legislative  assembly  of  the 
Territory,  and  be  expended  in  the  years  1888,  1889,  for  the  erec- 
tion of  permanent  Territorial  or  State  fair  buildings,  and  the 
improvement  of  said  lan^. 

Fourth. — That  such  buildings  be  used  exclusively  for  Terri- 
torial or  State  fair  purposes. 

Fifth. — That  the  portion  of  the  grounds  not  actually  de- 
voted to  buildings,  as  aforesaid,  be  improved  and  cultivated  as 
a  public  park. 


318  PUBLIC   LANDS. 


Sixth. — That  whenever  the  purposes  for  which  the  pro- 
posed grant  is  made  shall  cea^e  to  be  carried  out,  and  said? 
grounds  cease  to  be  used  for  Territorial  or  State  fair  purposes, 
as  herein  provided,  then  the  proposed  trust  shall  cease  and  the 
grant  become  absolutely  void  and  of  no  effect,  and  the  said  lands- 
revert  to  the  grantor.  And, 

WHEKEAS,  The  said  offer  and  tender  of  said  lands  •  by  the 
City  of  Salt  Lake  to  the  Territory  of  Utah  has  been  accepted 
by  the  said  Territory,  subject  to  the  conditions,  limitations  and 
restrictions  in  said  offer  specified  and  set  forth,  now,  therefore,. 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  Cify: 
That  the  mayor  be,  and  is  hereby,  authorized  to  execute  a  deed 
of  conveyance  to  the  land  hereinbefore  described  to  the  Terri- 
tory of  Utah,  subject  to  the  conditions  named. 

[Adopted  March  20,  A.  D.  1888.  ] 


ORDIXAtfCE 


RESERVING  AND   DEDICATING   CERTAIN   LANDS   IN   SALT   LAKE   CITY 
FOR   THE   USE   OF   THE   PUBLIC. 


Lands  Dedicated  to  Public  Use. 

SECTION  1.  Be  it  Ordained  by  the  City  Council  of  Salt 
Lake  City:  That  the  lands  hereinafter  described,  lying  and 
being  within  the  limits  of  said  city,  be,  and  the  same  are  hereby,, 
forever  reserved  and  dedicated  to  the  use  of  the  public,  as  public 
parks  and  squares,  school,  asylum  and  hospital  lots,  waterworks, 
reservoirs  and  tanks,  streets,  roads,  lanes  and  alleys,  for  fire  en- 
gines, hose  and  pest  houses,  and  such  other  necessary  public 
uses  as  may  be  hereafter  designated  by  the  city  council  of  Salt 
Lake  city,  under  such  regulations  and  restrictions  as  it  may 
from  time  to  time  prescribe.  The  lands  so  dedicated  are  de- 
scribed as  follows,  to-wit: 

Beginning  at  the  center  of  section  25-,  of  township  1  north,, 
range  1  west,  Salt  Lake  meridian,  thence  north  26  6-10  rods,. 


PUBLIC  LANDS.  319* 


thence  east  36  rods,  thence  south  26  6-10  rods,  thence  east  104 
rods,  thence  north  46  6-10  rods,  thence  east  20  rods,  thence 
north  34|  rods,  thence  south  80  degrees  west  18  rods,  thence 
south  25  degrees  22  minutes  east  25^  rods,  thence  south  64  ae- 
grees  38  minutes  west  20  rods,  thence  west  53^  rods,  thence 
north  40  rods,  thence  west  40  rods,  thence  north  73  4-10  rods, 
thence  east  80  rods,  thence  south  50  rods,  thence  east  40  rods, 
thence  north  50  rods,  thence  east  80  rods,  thence  south  160  rods, 
thence  east  240  rods,  thence  south  135  rods,  to  the  north  side  of 
bloek  191,  plat  D,  Salt  Lake  City  survey,  thence  west  164  rods, 
to  the  northwest  corner  of  block  185,  plat  D,  thence  south  75- 
rods,  thence  west  25  rods  to  the  northwest  corner  of  block  153,. 
plat  D,  thence  south  110  rods,  thence  west  5  rods,  thence  south 
5  rods,  thence  west  10  rods,  thence  south  20  rods,  thence  west 
10  rods,  thence  south  15  rods,  thence  west  5  rods,  thence  'along 
City  creek  south  25  degrees  west  22^  rods,  to  the  northwest 
corner  of  the  Garden  wall,  thence  along  said  wall  south  27  de- 
grees west  27  rods,  to  the  north  side  of  Third  street,  thence 
west  11  2-10  rods,  to  the  west  side  of  Canon  road,  thence  north 
29  degrees  and  40  minutes  east  24  rods,  to  the  northeast  corner  of 
John  B.  Park's  land,  thence  north  17  degrees  east  9  6-10  rods, 
thence  north  10  degrees  and  50  minutes  east  10  rods,  thence  west  6 
rods,  thence  south  30  degrees  and  30  minutes  west  5  4-10  rods, 
thence  west  5  4-10  rods,  thence  north  33  rods,  thence  north  18 
degrees  east  20^  rods,  thence  north  63  6-10  rods,  thence  east  3 
rods,  thence  north  104  9-10  rods,  to  the  northeast  corner  of  plat 
J,  Salt  Lake  City  survey,  thence  west  along  the  north  line  of 
said  plat  J  120  rods,  to  the  east  line  of  block  33,  plat  E,  thence 
north  32  degrees  and  15  minutes  west  11^  rods,  to  the  northeast 
corner  of  said  block  33,  thence  west  28  rods,  thence  north  35 
degrees  east  47  and  3-10  rods,  to  the  northeast  corner  of  the  City 
View  addition,  thence  north  36  degrees  and  30  minutes  west  30^ 
rods,  to  the  northeast  corner  of  the  Utah  Lime  and  Cement 
company's  lands,  thence  south  43  degrees  and  30  minutes  west  50 
rods,  thence  north  10  degrees  and  20  minutes  west  20  rods,  thence 
north  26  degrees  40  minutes  west  55  2-10  rods,  thence  south  55 
degrees  and  15  minutes  west  19  3-10  rods,  to  the  east  side  of  the 
County  road,  thence  north  24  degrees  30  minutes  west  along 
said  road  26  rods,  to  the  quarter  section  line,  thence  north  31 


320  PUBLIC   LANDS. 


rods,  to  the  place  of  beginning,  excepting  the  following  described 
lands: 

Beginning  at  a  point  65  2-10  rods  south  and  ^  rod  west 
from  the  northeast  corner  of  the  southwest  quarter  of  section 
30,  township  1  north,  range  1  east,  Salt  Lake  meridian,  thence 
south  31  degrees  west  18  rods,  thence  north  59  degrees  west  9 
rods,  thence  north  31  degrees  east  18  rods,  thence  north  27  de- 
grees east  18  rods,  thence  south  63  degrees  east  9  rods,  thence 
south  27  degrees  west  17  4-10  rods,  to  the  place  of  beginning, 
containing  2  acres;  also  beginning  at  a  point  8  rods  west,  and 
north  12  degrees  and  30  minutes  east,  26  9-10  rods  from  the 
northwest  corner  of  plat  I,  Salt  Lake  City  survey,  thence  north 
15  degrees  and  45  minutes  east  10  rods,  thence  east  4  rods,  thence 
south  15  degrees  and  45  minutes  west  10  rods,  thence  west  4  rods, 
to  the  place  of  beginning,  containing  40  square  rods  of  ground; 
containing  in  all  625  5-100  acres. 

[Passed  September  3,  1889.] 


KAILROADS.  321 


CHAPTER  XXXV. 


KAILROADS. 

To  Repair  Sewers,  Street  Crossings,  etc. 

SECTION  1.  All  companies  constructing  railroads  within 
the  limits  of  the  city  shall  be  subject  to  the  following  regula- 
tions :  The  grantees  of  all  railroads  shall,  at  their  own  expense, 
construct  and  keep  in  good  repair  all  water  sects,  sewers,  drains, 
street  crossings,  or  receiving  basins,  and  all  fixtures  connected 
therewith,  and  with  the  distribution  of  water  in  sai(J  city  which 
may  be  affected  thereby.  The  construction,  alterations  and 
repairs  to  be  done  under  the  direction  of  the  city  watermaster, 
subject  to  the  approval  of  the  City  Council. 

[June  2,  1871.] 

Arches  and  Bridges— Tracks  on  Grade. 

SEC.  2.  It  shall  especially  be  incumbent  on  all  railroad 
companies,  at  their  own  expense,  to  construct  arches  and  bridges 
for  all  the  cross  streets,  now  or  hereafter  to  be  made,  which  will 
be  intersected  by  the  embankments  or  excavations  of  their  rail- 
roads, and  also  to  make  such  embankments  or  excavations  as,  in 
the  opinion  of  the  city  council,  may  be  required  to  make  the 
passage  over  the  railroad  and  embankments  easy  and  convenient 
for  all  the  purposes  for  which  streets  are  usually  used  ;  and 
also  all  such  drains  and  sewers  as  their  embankments  and  exca- 
vations may  make  necessary.  And,  further,  the  said  companies 
shall  make  their  railroad  tracks  conform  to  what  is  or  may  here- 
after be  the  regulation  or  grade  of  the  street  or  place  through 
which  their  railroads  pass  ;  and  no  company  shall  have  the 
right  to  take  up,  remove,  carry  away,  or  cause,  or  permit  to  be 
taken  up,  removed  or  carried  away,  any  rock,  gravel,  earth,  or 
other  material  from  any  street  or  public  place,  for  making  em- 
bankments, grades,  or  for  any  other  purpose,  except  by  permis- 
21 


322  RAILKOADS. 


sion  of  the  city  council,  and  under  the  direction  of  the  street 
Supervisor.  And  all  railroad  companies  shall  plank  between  all 
rails,  and  for  two  feet  on  either  side  of  the  outer  rail,  on  all 
streets  that  cross  the  said  tracks,  said  planking  to  be  for  the  full 
width  of  said  cross  street  and  sidewalks,  unless  otherwise 
directed  by  the  city  council. 
[June  2,  1871.] 

Obstructions  and  Impediments. 

SEC.  3.  If,  at  any  time  after  the  commencement  of  the  con- 
struction of  any  railroad,  it  shall  appear  to  the  city  council  that 
any  part  thereof  shall  constitute  an  obstruction  or  impediment 
to  the  ordinary  use  of  any  street  or  place,  or  be  operated  con- 
trary to  -the  regulations  of  the  city,  the  said  railroad  company, 
or  the  officers  thereof,  shall,  on  the  requisition  of  the  city  coun- 
cil, forthwith  provide  a  remedy  for  the  same,  satisfactory  to  said 
council ;  or,  if  they  fail  to  find  such  remedy,  they  shall,  within 
•one  month  after  such  requisition,  proceed  to  remove  such  rail- 
road obstruction  or  impediment,  and  to  replace  the  street  or 
place  in  as  good  condition  as  it  was  before  the  said  railroad  was 
laid  down  ;  and  should  the  said  company  or  officers  neglect  or 
refuse  to  obey  such  requisition,  the  city  council  may,  upon  the 
expiration  of  the  time  limited  in  such  notice,  cause  the  obstruc- 
tion or  impediment  to  be  removed  and  the  street  or  place  re- 
stored, as  aforesaid,  at  the  expense  of  the  said  railroad  company. 

[June  2,  1871. J 

Crossing  Other  Tracks. 

SEC.  4.  Nothing  in  any  ordinance  or  resolution  granting 
right  of  way,  or  franchise  for  railroad,  shall  be  construed  to  pro- 
hibit any  other  railroad  company  from  crossing  any  railroad 
track  already  laid,  and  when  any  railroad  shall  intersect  any 
other  railroad,  the  rails  of  each  shall  be  so  cut  or  altered  as  to 
permit  the  cars  to  pass  without  obstruction  ;  and  any  person 
willfully  obstructing  any  railroad  herein  provided  for,  shall,  on 
conviction  thereof,  be  liable  to  a  fine  in  any  sum  not  exceeding 
one  hundred  dollars,  or  imprisonment  not  exceeding  six  months, 
or  to  both  such  fine  and  imprisonment. 

[June  2,  1871.] 


RAILROADS.  323 

Speed— Bells— Meeting  at  Crossings. 

SEC.  5.  The  tracks  of  all  railroads  shall  be  laid  in  the  cen- 
ter of  the  streets,  unless  otherwise  directed  by  the  city  council, 
and  all  locomotives,  cars  and  trains  are  hereby  prohibited  from 
running  at  a  greater  speed  than  eight  miles  per  hour  within  the 
limits  of  this  city  ;  and  the  bells  on  locomotives  in  motion  shall 
in  all  cases  be  rung  continuously  in  the  inhabited  portions  of 
the  city,  and  all  locomotives,  cars  and  trains  are  required  to 
come  to  a  full  stop  before  crossing  any  other  line  of  railroad, 
and  at  a  distance  of  not  less  than  forty  feet  therefrom  ;  and 
when  two  trains  arrive  at  the  same  crossing  simultaneously,  the 
train  on  the  first  constructed  track  shall  have  precedence  in 
crossing,  and  no  train,  engine,  or  cars  shall  be  allowed  to  stand 
in  the  streets  or  upon  the  sidewalks  or  crossing  to  obstruct  the 
ordinary  travel  thereon.  Any  violation  of  the  provisions  of  this 
section  shall  render  the  offender  liable  to  a  fine  in  any  sum  not 
exceeding  one  hundred  dollars  or  imprisonment  not  exceeding 
six  months,  or  to  both  such  fine  and  imprisonment. 

[June  2,  1871  ;  May  22,  1877  ;  February  14,  1888.] 

Rights  Reserved  to  City. 

SEC.  6.  The  right  of  regulating  the  description  of  power 
to  be  used  in  the  city  in  propelling  cars  on  and  along  railroads, 
and  the  speed  of  the  same,  together  with  the  price  of  the  license 
or  tax  to  be  paid  therefor,  shall  not,  by  virtue  of  any  Tgrant  or 
contract,  be  construed  to  mean  that  such  right  passes  to  the 
grantee  ;  but  such  rights,  together  with  all  other  powers  vested 
in  said  council  for  the  regulating,  controlling  or  removing  of 
railroads  within  said  city,  are  expressly  retained  and 'reserved. 

[June  2,  1871.] 


324  BAILBOADS. 


ORDINANCE 

GRANTING  CERTAIN  RIGHTS  OF  WAY  TO  THE  RIO  GRANDE  WESTERN 
RAILWAY  COMPANY,  AND  COMPILING  AND  AMENDING  PRIOR 
GRANTS. 


Franchise  Rio  Grande  Western   Kailway  Company. 

Be  it   Ordained  by  the  City  Council  of  SaltX/ake  City: 

SECTION  1.  There  is  hereby  granted  to  the  Rio  Grande 
Western  Railway  Company,  its  successors  and  assigns,  the  use 
for  railroad  purposes  of  certain  portions  of  the  streets  of  said 
city,  as  follows: 

The  right  to  occupy  with  steam  railroad  tracks  and  use  for 
ordinary  railroad-yard  purposes  all  those  portions  of  Sixth  West 
street  between  Second  and  Third*  South  streets  and  between 
Third  and  Fourth  South  streets;  also,  to  lay,  maintain  and  use 
two  railroad  tracks  on  the  east  side  of  Sixth  West  street  be- 
tween Fourth  and  Sixth  South  streets;  also,  to  lay,  maintain 
and  use  one  railroad  track  on  the  west  side  of  Fifth  West  street 
from  Second  South  street  to  Fifth  South  street,  the  outer  or 
easterly  rail  of  which  shall  not  be  more  than  twenty  feet  east 
of  the  east  line  of  the  lots  on  the  west  side  of  Fifth  South 
street;  Provided,  however,  that  in  consideration  of  this  grant 
the  said  railroad  company  shall  grade  and  gravel  Fourth  South 
street  from  Sixth  West  street  to  the  west  line  of  Seventh  West 
street,  and  Seventh  West  street  from  Fourth  South  street  to  the 
north  line  of  Second  South  street,  and  Second  South  street 
from  Seventh  West  street  to  Fifth  West  street,  on  the  grade 
established  by  the  city  engineer,  and  gravel  the  same  with  a 
substantial  top  dressing  of  good  gravel  to  the  satisfaction  of  the 
street  supervisor,  and  complete  the  work  on  or  before  the  first 
day  of  September,  1891. 

Also,  that  said  railway  company  shall  open  Fourth  South 
street  from  Fifth  to  Sixth  West  streets,  bring  its  tracks  across 
said  street  to  the  grade  established  by  the  city  engineer,  and 
grade  Fourth  South  street  from  Sixth  West  street  to  the  center 


RAILROADS.  325 


of  Fifth  West  street,  and  plank  and  keep  in  good  repair  all 
tracks  crossing  Fourth  South  street,  so  that  the  same  shall  be 
in  first-class  condition  for  public  travel. 

SEC.  2.  The  right  of  way  heretofore  granted  to  the  Denver 
&  Kio  Grande  Western  Railway  Company  for  a  line  of  railroad 
on  Sixth  West  street  from  Second  South  street  north  to  the  city 
limits  is  confirmed  to  the  Rio  Grande  Western  Railway  Com- 
pany and  made  permanent,  and  there  is  granted  to  said  com- 
pany, its  successors  and  assigns,  the  right  to  maintain  and  use  a 
single  standard-gauge  steam  railroad  track  on  Sixth  West  street 
from  Second  South  street  north  to  Seventh  North  street,  and 
thence  northwesterly  on  the  line  now  occupied  by  its  main  line, 
on  and  across  such  streets  as  said  main  line  now  occupies,  to 
the  north  limits  of  the  city;  also,  to  maintain  and  use  the  gravel 
bed  and  stone  quarry  branch  as  now  laid  and  used,  from  Seventh 
North  to  Ninth  North  streets,  and  thence  northerly  and  easterly 
on  and  across  such  streets  as  it  now  occupies  to  the  northerly 
limits  of  the  city;  also  the  right  to  maintain  the  switch  tracks 
on  Sixth  West  street,  just  north  of  Second  South  street,  leading 
to  the  coal  yards,  and  southerly  across  Second  South  street  to 
the  station  grounds  of  the  company,  except  the  most  westerly 
of  said  switch  tracks,  which  is  to  be  moved  as  hereinafter  pro- 
vided, and  when  so  moved  may  be  maintained  and  used  as  afore- 
said. 

Provided,  however,  that  as  a  condition  to  the  right  to  main- 
tain and  use  said  westerly  switch  track  which  leads  to  the  stone 
yard,  it  shall  be  moved  easterly  by  said  company  within  thirty 
days  after  the  passage  of  this  ordinance,  so  that  there  shall  be 
at  least  thirty  feet  between  the  westerly  rail  thereof  and  the 
nearest  part  of  the  line  of  the  lot  on  the  southeast  corner  of 
block  47,  plat  C  of  the  city  survey,  being  the  northwest  corner 
of  the  space  of  intersection  of  Second  South  and  Sixth  West 
streets. 

And  provided  further,  that  said  railway  company,  its  suc- 
cessors and  assigns,  shall  from  time  to  time,  when  reasonably 
required  by  the  city,  furnish,  haul  and  deliver  on  its  cars  for 
use,  sufficient  gravel  to  gravel  all  those  parts  of  Sixth  West" 
street  from  Second  South  street  north  which  have  not  been 
graveled  under  the  conditions  of  the  grant  of  June  14,  1882, 


326  RAILROADS. 


to- wit:  to  gravel  the  same  from  the  water  courses  on  either  side 
to  the  top  of  its  road-bed,  the  city  to  furnish  men  to  load  and 
unload  and  distribute  the  gravel  under  the  direction  of  the 
street  supervisor. 

SEC.  3.  The  grants  hereby  made  are  also  subject  to  the 
fulfillment  by  said  company,  its  successors  and  assigns,  of  any 
and  all  former  agreements  in  respect  to  planking  and  keeping 
in  repair  street  crossings,  and  to  a  compliance  by  said  company 
with  all  ordinances  of  the  city  now  existing  or  hereafter  law- 
fully made  respecting  planking  and  maintaining  street  crossings 
in  good  repair. 

SEC.  4.  This  ordinance  shall  not  be  construed  to  relate  to 
or  in  anywise  affect  such  franchises  and  rights  of  way  as  have 
heretofore  been  granted  by  the  city  on  the  request  of  said  com- 
pany, shippers  or  manufacturers,  for  switch  tracks  from  any 
line  or  lines  of  railroad  mentioned  in  this  ordinance  to  the 
places  of  business  of  shippers  or  manufacturers. 

[July  28,  A.  D.  1891.] 


A  RESOLUTION 

GRANTING     A     FRANCHISE     TO     THE     SALTAIR    RAILWAY     COMPANY. 


Franchise  Saltair  Railway  Company. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  "Saltair  Railway  Company,"  its  successors 
and  assigns,  have  the  authority  and  consent  of  the  council,  and 
the  permission  is  hereby  granted  it  to  construct  and  operate  by 
cable,  electric  or  steam  motive  power,  a  single  or  double  track 
railway,  together  with  all  the  necessary  switches  for  the  accom- 
modation of  said  railway  on  the  following  street  of  the  said 
city,  to- wit : 

Along  and  through  Third  South  street  at  and  fro"m  its  in- 
tersection with  East  Temple  street,  thence  westerly  to  the  city 


RAILROADS.  327 


limits  (the  railway  running  through,  the  county  of  Salt  Lake  to 
the  Great  Salt  Lake.) 

On  the  following  conditions,  namely  :  Such  track  or  tracks 
to  be  laid  on  such  grades  as  are  now  or  may  hereafter  be  estab- 
lished by  the  city  council.  That  the  tracks  shall  be  constructed 
in  the  center  of  the  street  unless  ^otherwise  directed  by  the  city 
council.  That  the  water-courses  of  said  street  shall  be  left  and 
kept  free  and  unobstructed,  and  good  crossings  shall  be  made 
and  maintained  by  the  grantees  at  the  intersections  of  streets  or 
elsewhere,  at  the  direction  of  the  city  council.  In  consideration 
of  this  franchise  the  grantees,  its  successors  and  assigns  afore- 
said are  hereby  required  to  keep  in  good  repair  the  space  inside 
and  between  the  tracks,  and  a  space  of  two  feet  each  side  of  the 
same,  with  the  same  material  as  is  used  on  the  street  where 
such  track  is  laid,  and  they  shall  use  the  flat  rail  on  said  street 
where  same  is  paved.  The  grantees,  its  successors  and  assigns 
aforesaid,  are  not  permitted  to  use  steam  power  for  propelling 
cars,  unless  the  same  be  stationary,  and  also  that  the  grantees 
construct  a  viaduct  for  the  passage  of  the  aforesaid  railway, 
vehicles  and  pedestrians  on  Third  South  street,  over  the  Rio 
Grande  Western  tracks,  between  Fifth  and  Sixth  West  streets, 
in  such  a  manner  as  shall  be  approved  by  the  city  engineer, 
whenever  the  city  council  may  order  the  same  to  be  done. 

SEC.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty  years  from  the  date  of  the  passage  of  this  resolution, 
and  the  said  company  shall  pay  into  the  city  treasury  a  per 
capita  tax  of  1^  mills  on  each  and  every  fare  collected,  and  the 
price  of  a  single  fare  within  the  city  limits  shall  not  exceed  10 
cents. 

SEC.  3.  That  nothing  in  this  grant  shall  be  so  construed 
as  to  prevent  Salt  Lake  City  or  its  authorized  agents  from  pav- 
ing, sewering,  or  laying  gas  or  water  mains  or  pipes,  altering, 
repairing,  or  in  any  manner  improving  any  of  the  streets  men- 
tioned herein,  or  any  other  streets  of  said  city,  but  all  such  im- 
provements shall  be  made  with  as  little  injury  as  practicable  to 
said  railway  and  the  operating  thereof. 

SEC.  4.  That  in  the  construction  and  opera  Dion  of  said 
railroad,  the  said  grantee,  and  its  successors  and  assigns,  shall 


328  RAILROADS. 


at  all  times  conform  to  such  ordinances,  rules  and  regulations 
as  have  been,  or  may  hereafter  be,  adopted  by  the  city  council 
of  said  city  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  a  sum  not  exceeding  one  hundred  dollars. 

SEC.  5.  That  whenever  the  city  council  shall  find  it  neces- 
sary or  desirable  to  grant  to  any  other  street  railroad  company 
a  franchise  over  any  of  the  streets  herein  granted,  to  secure  to 
such  other  company  a  connection  with  any  important  center  or 
terminus,  the  grantees  herein  shall  allow  running  arrangements 
over  grantee's  tracks  to  such  other  company,  on  streets  where 
said  grantees  may  have  a  double  track,  upon  such  other  company 
making  equitable  payment  for  constructing,  maintaining  and 
•operating  the  portion  of  said  grantee's  track  so  used. 

SEC.  6.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
construction  or  operation  of  said  railway,  by  reason  of  the  de- 
fault or  misconduct  of  said  grantees,  and  its  successors  and  as- 
signs, or  their  employes,  and  the  acceptance  of  this  grant  shall 
be  deemed  an  agreement  on  the  part  of  said  grantee,  for  itself 
and  successors  and  assigns,  to  save  the  said  city  harmless  from 
and  against  all  liability,  loss,  costs,  expense  and  damage,  of  any 
nature,  arising  out  of  any  such  default  or  misconduct,  or  which 
may  accrue  by  reason  of  any  accident  or  injury  which  may  occur 
in  or  by  reason  of  the  construction  or  operation  of  said  rail- 
way, and  to  indemnify  and  repay  said  city  for  any  loss,  costs, 
expense  or  damage,  of  any  kind,  it  may  sustain  by  reason  of 
any  such  default,  misconduct,  accident  or  injury;  and  if  any 
judgment  for  damages  for  any  such  default,  misconduct,  accident 
or  injury  shall  be  recovered  against  the  said  city,  the  recovery 
thereof  and  the  judgment  therefor  shall  be  final  as  between 
the  said  city  and  the  said  grantee,  and  its  successors  and  assigns, 
and  conclusive  as  to  the  liability  of  the  latter  to  the  former; 
Provided,  said  grantee  has  had  notice  of  the  pendency  of  the 
suit  in  which  such  judgment  is  recovered,  and  has  been  given 
an  opportunity  to  defend  the  same. 

SEC.  7.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  'by  said  grantee  within  thirty 


RAILROADS.  329 


days  after  the  passage  of  this  resolution,  or  if  work  be  not  com- 
menced within  sixty  days  after  said  acceptance,  or  if  this  road' 
is  not  built  in  six  months  to  the  Great  Salt  Lake,  this  grant  and 
franchise  shall  become  null  and  void. 
[April  22,  1890.] 


A   RESOLUTION 

AMENDING   BILL   NO.    20,    GRANTING    FRANCHISE    TO   THE    SALT  AIR 
RAILWAY   COMPANY. 


Franchise  Saltair  Railway  Company. 

Resolved,  That  the  Saltair  Railway  Company  is  hereby 
allowed  to  use  steam  motive  power  commonly  known  as  "Dummy 
Engines"  on  their  street  railway  track  on  Third  South  street, 
from  Sixth  West  street  west  to  the  city  limits,  for  the  term  of 
two  years  from  and  after  the  date  of  the  passage  of  this  resolu- 
tion. 

[May  2,  1890.] 


A\    4>IH»I\  \\4  F 

-GRANTING  A  RIGHT  OF  WAY  THROUGH  CERTAIN  STREETS  OF  SALT 
LAKE  CITY  FOR  A  RAILROAD  TO  THE  SALTAIR  RAILWAY  COM- 
PANY, ITS  SUCCESSORS  AND  ASSIGNS. 


Franchise  Saltair  Railway  Company. 

SECTION  1.  Be  it  Ordained  by  the  City  Council  of  Salt 
Lake  City:  That  the  Saltair  Railway  Company,  its  successors 
-and  assigns,  have  the  authority  and  consent  of  the  city  council, 
and  the  permission  is  hereby  granted,  to  construct  and  operate 
a  single  track,  standard  gauge  railroad,  together  with  all  the 
necessary  switches  for  the  accommodation  of  said  road,  to  propel 


330  RAILROADS. 


thereon  cars  by  steam  power,  on  the  following  streets  of   said 
city: 

Commencing  at  the  west  side  of  Sixth  West  street  on  South 
Temple  street,  thence  west  on  said  South  Temple  street  to  the 
western  limits  of  the  city. 

First — That  all  tracks  laid  by  said  grantee,  its  successors  or 
assigns,  shall  be  in  the  center  of  the  streets,  unless  otherwise 
directed  by  the  city  council,  and  in  such  a  manner  as  may  be 
approved  by  the  city  council. 

Second — That  all  of  said  railway  tracks  shall  be  laid  upon 
and  conform  to  the  established  grade  of  the  several  streets  upon 
which  they  run,  and  if  said  grade  is  afterwards  changed  by 
order  of  the  city  council,  said  grantee,  its  successors  or  assigns, 
shall,  at  its  own  expense,  change  the  track  to  conform  to  tW 
same,  and  shall  keep  the  road  ballasted  with  gravel  to  within 
one  and  one-half  inches  of  the  top  of  the  rails  ;  Provided,  that 
whenever  any  of  the  streets  along  which  the  said  railway  is- 
built  shall  be  paved,  then  said  grantee,  its  successors  or  assigns, 
shall  pave  between  the  rails,  and  for  a  space  of  two  feet  outside 
of  each  rail,  with  the  same  material  as  that  used  in  the  street 
pavement.  ' 

Third — That  said  grantee,  its  successors  or  assigns,  shall 
gravel  and  maintain  in  good  condition,  at  the  established  grade, 
the  streets  along  which  the  track  runs  for  a  distance  of  twenty 
feet  on  each  side  of  the  outer  rails,  subject  to  the  approval  of  the- 
supervisor  of  streets.  Said  improvements  to  be  made  as  follows :: 
One-half  within  one  year,  and  the  other  half  within  eighteen 
months  after  the  commencement  of  the  building  of  said  road. 

Fourth — Said  grantee,  its  successors  or  assigns,  shall  put  in 
and  maintain  such  crossings  where  the  line  of  said  railroad  in- 
tersects streets  of  Salt  Lake  City,  as  shall  be  from  time  to  time 
required  by  the  city  council,  and  shall,  without  requirement 
from  said  city' council,  at  once  upon  construction  of  their  said 
road  put  in  and  maintain  said  crossings. 

Fifth — That  said  track  shall  be  laid  and  the  road  operated 
so  as  to  cause  no  unnecessary  impediment  to  the  common  and 
ordinary  use  of  said  streets  upon  which  it  is  laid.  And  said 
grantee  shall  comply  with  the  directions  of  said  city  council  in 


RAILROADS.  331 


the  construction  of  the  line  and  the  operation  of  the  same  within 
the  limits  of  said  city. 

Sixth — The  rate  of  speed  at  which  trains,  engines  or  cars 
shall  be  run  through  said  city  shall  not  exceed  eight  miles  per 
hour.  And  no  train  or  car  shall  be  run  on  said  railway  without 
a  locomotive  engine  attached  thereto. 

Seventh— Good  and  sufficient  boxes  to  convey  water  shall 
be  laid  and  maintained  in  good  condition  at  the  expense  of  said 
grantee  at  all  the  water  ditches  crossed  by  said  railway,  so  as  to 
admit  of  the  free  passage  of  water. 

Eighth — If  engines,  trains  or  cars  are  run  at  night  a  red 
light  shall  be  kept  in  a  conspicuous  place  thereon,  and  a  white 
light  shall  be  placed  upon  the  front  of  such  engine,  car  or  train. 

Ninth — Said  city  of  Salt  Lake  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  on  said 
road  by  reason  of  the  default  or  misconduct  of  said  railway  com- 
pany or  its  employes.  And  the  said  grantee,  its  successors  and 
assigns,  covenant  and  agree  to  save  the  said  city  harmless  from 
and  against  any  liability,  loss,  cost  or  expense,  or  damage  of  any 
nature  arising  out  of  the  default  or  misconduct  of  said  railway 
company,  or  which  may  accrue  by  reason  of  any  accident  or  in- 
jury which  may  occur  in  or  by  reason  of  the  construction  or  op- 
eration of  said  railroad  ;  and  to  indemnify  and  repay  said  city 
for  any  loss,  cost  or  expense,  or  damage  of  any  kind  which  may 
be  sustained  by  reason  of  any  such  default,  misconduct,  accident 
or  danger  ;  and  if  any  judgment  for  damages  for  any  loss,  de- 
fault, misconduct,  accident  or  injury  shall  be  recovered  against 
said  city,  the  recovery  thereof  and  the  judgment  therefor  shall 
be  final  as  between  said  city  and  said  grantee,  its  successors  or 
assigns,  and  conclusive  as  to  the  liability  of  the  latter  to  the 
former. 

Tenth — The  construction  of  said  railway  to  commence  within 
ninety  days  after  the  passage  of  this  ordinance,  and  said  railway 
shall  be  completed  and  the  same  equipped  in  first  class  manner, 
and  cars  running  thereon  from  the  city  limits  west  to  the  Great 
Salt  Lake  within  twelve  months  after  the  passage  of  this  ordi- 
nance. 

Eleventh — That  whenever  the  city  council  shall  find  it 


' 


-•332  RAILROADS. 


necessary  or  desirable  to  grant  to  any  other  steam  railroad  com- 
pany a  franchise  over  any  of  the  streets  herein  granted,  the 
grantee  herein  shall  allow  running  arrangements  over  grantee's 
tracks  to  such  other  company,  upon  such  other  company  mak- 
ing equitable  payment  for  constructing,  maintaining  and  oper- 
ating the  portion  of  said  grantee's  track  so  used. 

SEC.  2.  That  this  franchise  is  granted  for  the  full  term  of 
twenty  years  from  and  after  the  passage  of  this  ordinance. 

SEC.  3.  That  if  the  grantee,  or  its  successors  and  assigns, 
shall  fail  to  keep  and  perform  all  the  stipulations  of  this  ordi- 
nance, or  shall  fail  or  refuse  to  comply  with  all  the  rules,  regu- 
lations and  ordinances  of  Salt  Lake  City  relating  to  railroads 
and  the  running  of  the  same  within  the  city  limits,  which  are 
now  enacted,  or  which  shall  hereinafter  be  enacted,  then  the 
city  council,  after  sixty  days'  notice,  and  on  failure  on  the  part 
of  the  said  grantee  to  provide  a  remedy  or  make  satisfactory  ar- 
rangenlents  therefor,  may,  by  a  majority  vote,  declare  the  privi- 
leges herein  granted  forfeited,  and  proceed  to  take  possession  of 
the  said  road  and  control  the  same  as  if  this  ordinance  had  not 
been  passed. 

SEC.  4.  If  this  grant,  with  the  terms  and  conditions  herein 
appended,  be  not  accepted  in  writing  by  the  grantee  within 
thirty  days  after  the  passage  of  this  ordinance,  the  same  shall 
be  void  and  of  no  effect. 

SEC.  5.     This  ordinance  shall  take  effect  from  its  passage. 

[January  19,  A.  D.  1892.] 


A  RESOLUTION 

* 

•GRANTING  A  FRANCHISE  TO,  AND  AUTHORIZING  THE  MAYOR  AND 
RECORDER  OF  SALT  LAKE  CITY  TO  SIGN  A  CONTRACT  WITH, 
"  THE  SALT  LAKE  AND  FORT  DOUGLAS  RAILWAY  COMPANY." 


Franchise  to  Salt  Lake  and  Tort  Douglas  Railway  Com- 
pany. 

Be  it  Resolved   by  the  City  Council  of  Salt  Lake  City: 
That  "  The  Salt  Lake  and  Fort  Douglas  Eailway  Company,"  its 


RAILROADS.  333- 


successors  and  assigns,  have  a  right  of  way,  for  the  period  of 
twenty-five  years,  over  and  along  the  following  named  streets  of 
said  city,  to  construct,  maintain  and  operate  a  two  or  three-railed 
steam  railway  from  a  point  connecting  with  the  Denver  and  Rio 
Grande  Western  railway  on  Eighth  South  street,  and  running 
east  to  the  crossing  of  the  Utah  Central  railway,  with  the  privi- 
lege of  connecting  with  said  Utah  Central  railway  by  a  separate 
switch ;  thence  east  along  said  Eighth  South  street  to  Seventh 
East  street,  curving  south  on  to  and  along  Seventh  East  to 
Ninth  South  street;  thence  curving  east  on  to  and  along  Ninth 
South  street  to  Tenth  East  street;  curving  north  on  to  and  along 
said  street  along  and  across  the  Jordan  and  Salt  Lake  City 
canal;  thence  curving  easterly,  and  crossing  Fourth,  Third  and 
Second  South  streets  to  the  city  gravel  block  on  Twelfth  East 
and  First  South  streets;  along  and  across  said  Twelfth  East 
street,  curving  on  to  First  South  street,  along  and  across  said 
street  to  Thirteenth  East  street;  thence  north,  east  and  south  by 
the  most  feasible  grade  to  the  line  of  the  Fort  Douglas  military 
reservation,  on  the  terms  and  conditions  contained1  in  the  fol- 
lowing agreement,  to-wit: 

This  agreement,  made  and  entered  into  on  this day 

of  ,  in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  eighty-four,  by  and  between  Salt  Lake  City,  a  municipal 
corporation,  organized  and  existing  under  the  laws  of  Utah 
Territory,  party  of  the  first  part,  and  hereinafter  designated  as 
"said city,"  and  The  Salt  Lake  and  Fort  Douglas  Railway  Com- 
pany, a  railway  corporation  of  Utah  Territory,  hereinafter  des- 
ignated as  "said  railway  company,"  party  of  the  second  part, 
witnesseth  : 

WHEREAS,  the  said  railway  company  is  about  to  construct 
and  operate  through  the  streets  of  Salt  Lake  City  a  railroad  to- 
carry  passengers  and  freight  for  hire,  and  for  this  purpose  has 
applied  to  said  city  for  a  right  of  way  over  and  along  its  streets 
and  highways,  and  for  the  privilege  of  laying  tracks  and  run- 
ning cars  thereon,  and  the  said  city  has  granted  said  application 
for  a  period  of  twenty-five  years  to  said  railway  company  on  the 
terms  and  conditions  following,  to-wit: 

First — In  consideration  of  the  covenants  and  agreements 
made  by  the  said  railway  company,  and  hereinafter  contained. 


' 


334  RAILROADS. 


said  city  has  granted,  given  and  extended,  and  by  these  presents 
does  grant,  give  and  extend  unto  the  said  railway  company,  a 
right  of  way  and  transit,  and  a  right  to  build,  own,  maintain 
and  operate  a  two  or  three-railed  steam  railway,  with  power  to 
move  cars  thereon  from  a  point  connecting  with  the  Denver  and 
Eio  Grande  Western  railway  on  Eighth  South  street,  and  run- 
ning east  to  the  crossing  of  the  Utah  Central  railway,  with  the 
privilege  of  connecting  with  said  Utah  Central  railway  by  a 
separate  switch;  thence  east  along  said  Eighth  South  street  to 
Seventh  East  street,  curving  south  on  to  and  along  Seventh 
East  to  Ninth  South  street;  thence  curving  east  on  to  and  along 
Ninth  South  to  Tenth  East  street;  curving  north  on  to  and 
along  said  street  along  arid  across  the  Jordan  and  Salt  Lake 
City  canal;  thence  curving  easterly,  and  crossing  Fourth,  Third 
and  Second  South  streets  to  the  city  gravel  block  on  Twelfth 
East  and  First  South  streets;  along  and  across  said  Twelfth 
East  street,  curving  on  to  First  South  street,  along  and  across 
said  street  to  Thirteenth  East  street;  thence  north,  east  and 
south  by  the  most  feasible  grade  to  the  line  of  the  Fort  Douglas 
military  reservation,  with  necessary  and  convenient  switches, 
side  tracks  and  turn-tables  at  the  termini  and  depots  of  its  road; 
switches  and  changes  in  location  of  track  to  be  made  only  by 
consent  and  with  the  approval  of  the  city  council  of  said  city; 
Provided,  that  no  freight  shall  be  loaded  or  unloaded  except 
at  the  terminal  points  or  depots  of  said  railway. 

In  consideration  whereof  the  said  railway  company  has 
agreed  for  itself,  its  successors  and  assigns,  and  by  these  pres- 
ents does  agree  for  itself,  its  successors  and  assigns: 

First — That  all  tracks  laid  by  said  railway  company  shall 
be  in  the  center  of  the  streets,  except  where  it  is  necessary  to 
make  curves  in  connecting  with  the  Denver  and  Bio  Grande 
Western  railway  and  with  the  Utah  Central  railway,  and  to  turn 
on  to  the  other  streets  as  hereinbefore  described;  and  no  tracks 
shall  be  laid  upon  any  sidewalk  except  to  enter  or  leave  the 
block  to  which  it  is  adjacent. 

Second — That  all  of  the  said  railway  company's  tracks  shall 
be  laid  upon  and  conform  to  the  established  grade  of  the  several 
streets  upon  which  they  run,  and  if  such  grade  is  afterwards 
changed  by  order  of  the  city  council,  said  railway  company 


EAILKOADS.  335 


shall,  at  its  own  expense,  change  its  track  to  conform  to  the 
same,  and  shall  keep  the  road  ballasted  yith  gravel  to  within 
one  and  a  half  inches  of  the  top  of  the  rails. 

Third — That  the  said  railway  company  shall  gravel  and 
maintain,  in  good  condition,  at  the  established  grade,  the  streets 
along  which  its  track  runs,  for  a  distance  of  twenty  feet  on  each 
side  of  the  outer  rails,  subject  to  the  approval  of  the  supervisor 
of  streets,  said  improvements  to  be  made  as  follows:  One-half 
within  one  year,  and  the  other  half  within  two  years  after  the 
commencement  of  building  the  road,  and  said  railway  company 
shall  have  permission  to  take  gravel  for  said  purpose  from  the 
city  gravel  block. 

Fourth — Said  railway  company  shall  put  in  and  maintain 
plank  crossings  between  the  rails,  and  one  foot  on  the  outside 
of  the  outer  rails,  for  the  entire  width  of  West  Temple  street, 
East  Temple  street,  First  East  street,  Fifth  East  street,  and 
such  other  principal  thoroughfares  as  the  supervisor  of  streets 
may  at  any  time  designate;  and  on  all  other  streets  intersecting 
the  line  of  its  road,  plank  crossings  shall  be  put  in  and  main- 
tained by  said  railway  company  twenty-four  feet  long  in  the 
center  and  eight  feet  long  in  a  line  with  each  sidewalk  thereof, 
the  whole  width  inside,  and  one  foot  on  the  outside  of  the  rail 
on  each  side  of  the  track,  and  the  top  surface  of  said  planks 
shall  be  on  a  level  with  the  top  of  the  rails. 

Fifth — That  said  track  shall  be  laid  and  the  road  operated 
so  as  to  cause  no  unnecessary  impediment  to  the  common  and 
ordinary  use  of  said  streets  on  which  it  is  laid.  And  the  said 
railway  company  shall  comply  with  the  direction  of  said  city  in 
the  construction  of  its  line,  and  in  the  operation  of  the  same, 
within  the  limits  of  said  city,  when  it  does  not  interfere  with 
the  points  of  special  agreement  as  herein  set  forth. 

Sixth — The  rate  of  speed  at  which  trains,  engines  or  ears 
shall  be  run  through  said  city  shall  not  exceed  eight  miles  per 
hour,  and  no  train  or  car  shall  be  run  on  said  railway  without  a 
locomotive  engine  attached  thereto. 

Seventh — Good  and  sufficient  boxes  to  convey  the  water 
shall  be  laid  and  maintained  in  good  condition  at  the  expense  of 
said  railway  company,  at  all  water  ditches  crossed  by  said  rail- 
way, so  as  to  admit  of  a  free  passage  of  the  water. 


336  RAILROADS. 


Eighth— If  engines,  trains  or  cars  are  run  at  night,,  a  red! 
light  shall  be  kept  in  a  conspicuous  place  thereon  and  a  white 
light  shall  be  placed  on  the  front  end  of  such  engine^  car  or 
train. 

Ninth — That  said  railway  company  shall  place  on  said  rail- 
way dummy  passenger  cars,  with  all  necessary  modern  improve- 
ments for  the  convenience  and  comfort  of  passengers,  which 
shall  be  run  thereon  each  and  every  day,  both  ways,  as  often  as 
the  public  convenience  may  require,  and  under  such  regulations 
as  the  city  council  may  from  time  to  time  prescribe. 

Tenth — That  said  railway  company  shall,  whenever  the  city 
council  of  said  city  may  require  it,  after  June  1st,  1887,  pay  to- 
said  city  a  per  capita  tax  of  five  mills  for  each  and  every  pas- 
senger carried  in  said  dummy  cars  on  said  railway,  or  in  lieu 
thereof,  at  the  option  of  said  city  council,  said  railway  company 
agrees  to  haul,  free  of  charge,  over  and  on  said  railway,  each 
way  each  and  every  day,  Sundays  excepted,  from  and  to  such 
points  on  said  railway,  as  said  city,  by  its  officers,  agents  or 
employe's  may  designate  and  require,  not  exceeding  two  hundred 
tons  of  gravel  per  day;  said  city  to  furnish  not  less  than  ten  cars 
for  each  train,  and  to  load  and  unload  the  same,  also  to  furnish 
the  necessary  switches  to  connect  with  said  railway,  and  to  have 
the  right  to  make  connection  with  said  railway  at  any  and 
every  point  said  city  may  desire  for  the  aforesaid  purpose.  The 
payment  by  said  railway  company  of  five  mills  for  each  and 
every  passenger  carried  on  said  dummy  cars  shall  not  be  de- 
manded from  said  railway  company,  its  successors  or  assigns  as 
herein  provided,  during  the  period  said  city  shall  receive  gravel 
as  aforesaid,  and  it  shall  be  at  the  option  of  said  city  to  elect 
whether  it  shall  demand  and  receive  from  said  railway  company 
the  five  mills  for  each  and  every  passenger  carried  or  the  trans- 
portation of  the  gravel  in  the  quantities  and  according  to  the 
terms  herein  specified;  and  nothing  herein  shall  be  construed 
to  prevent  said  city  from  exercising  said  option  at  pleasure,  pro- 
vided, however,  that  said  city  shall  not  exercise  its  right  to  de- 
mand and  receive  the  five  mills  for  each  and  every  passenger 
carried  on  said  dummy  cars,  or  the  transportation  of  the  gravel 
according  to  the  terms  herein  specified,  for  a  less  period  than 
three  months;  and  said  city  shall,  from  time  to  time,  notify  in, 


RAILKOADS.  337 


writing  said  railway  company,  its  successors  and  assigns,  of  th& 
times  or  periods  during  which  it  will  demand  or  require  the 
payment  of  the  five  mills  for  each  and  every  passenger  carried  on 
said  dummy  cars  or  the  transportation  of  the  gravel  as  herein- 
before specified;  and  the  return  of  the  number  of  passengers 
carried  on  said  dummy  cars,  shall  be  made  under  oath,  by  the 
president  and  secretary  of  said  railway  company  to  the  mayor 
of  said  city,  within  thirty  days  after  the  expiration  of  the  term 
of  three  months  for  which  said  railway  company  has  been  noti- 
fied it  will  be  required  to  pay  into  the  city  treasury  the  five 
mills  for  each  and  every  passenger  carried  on  said  dummy  cars, 
and  payment  of  the  amount  due  said  city  from  said  railway 
company  shall  be  made  within  five  days  after  making  the  re- 
turns herein  specified. 

Eleventh — Said  city  shall  in  no  way  be  liable  or  respon- 
sible for  any  accident  or  damage  that  may  occur  on  said  railway 
by  reason  of  the  default  or  misconduct  of  said  railway  company 
or  its  employes,  and  the  said  railway  company  covenants  and 
agrees  to  save  the  said  city  harmless  from  and  against  any  liabil- 
ity, loss,  cost,  expense  or  damage  of  any  nature  arising  out  of  any 
default  or  misconduct  of  said  railway  company,  or  which  may 
accrue  by  reason  of  any  accident  or  injury  which  may  occur  in 
or  by  reason  of  the  construction  or  operation  of  said  railway, 
and  to  indemnify  and  repay  said  city  for  any  loss,  costs,  expense 
or  damage  of  any  kind  it  may  sustain  by  reason  of  any  such  de- 
fault, misconduct,  accident  or  injury,  and  if  any  judgment  for 
damages  for  any  such  default,  misconduct,  accident  or  injury 
shall  be  recovered  against  said  city,  the  recovery  thereof  and  the 
judgment  therefor  shall  be  final  as  between  the  said  city  and 
said  company,  and  conclusive  as  to  the  liability  of  the  latter  to 
the  former. 

Twelfth — The  construction  of  said  railway  to  commence 
within  ninety  days  after  the  signing  of  this  agreement,  and  said 
railway  shall  be  completed  within  nine  months  from  said  date. 

Thirteenth — The  said  railway  company,  its  successors  or 
assigns,  hereby  binds  itself  to  comply  with  all  the  stipulations 
hereof.  That  if  the  said  grantee,  its  successors  and  assigns, 
shall  fail  to  keep  and  perform  all  the  stipulations  of  this  agree- 
ment, the  city  council,  after  sixty  days'  notice,  and  on  failure  of 
22 


338  RAILROADS. 


the  company  to  provide  a  remedy,  or  make  satisfactory  arrange- 
ments therefor,  may  by  a  two-thirds  vote,  declare  this  agree- 
ment null  and  void,  and  proceed  to  take  possession  of  the  road- 
bed and  control  the  same  as  if  this  agreement  had  not  been 
made. 

In  witness  whereof,  the  mayor  of  Salt  Lake  City  has  here- 
unto set  his  hand  and  caused  the  seal  of  said  city  to  be 
hereunto  affixed,  by  order  of  the  city  council  of  said 
city,  and  the  president  of  said  "The  Sa'lt  Lake  and  Fort 
Douglas  Railway  Company"  has  hereunto  set  his  hand  and 
caused  the  corporate  seal  of  said  company  to  be  hereto  affixed 
by  order  of  the  board  of  directors  of  said  company.  Done  in 
duplicate  the  day  and  year  in  this  agreement  first  above  written ; 
attested  by  the  recorder  of  said  city  and  by  the  secretary  of  said 
company. 

And  be  it  further  resolved,  that  the  mayor  of  said  Salt 
Lake  City  be  and  is  hereby  authorized  to  sign  the  foregoing 
contract  on  the  part  of  Salt  Lake  City,  and  the  recorder  of  said 
city  is  hereby  authorized  to  attest  the  same  with  his  signature 
and  the  corporate  seal  of  said  city. 

[September  23,  1884] 


A  RESOLUTION 

GRANTING  A  FRANCHISE  TO,  AND  AUTHORIZING  THE  MAYOR  AND 
RECORDER  OF  SALT  LAKE  CITY  TO  SIGN  A  CONTRACT  WITH 
THE  SALT  LAKE  AND  FORT  DOUGLAS  RAILWAY  COMPANY. 


Franchise  to  Salt  Lake  and  Fort  Douglas  Railway  Co. 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City: 
That  the  Salt  Lake  and  Fort  Douglas  Railway  Company,  its  suc- 
cessors and  assigns,  have  a  perpetual  right  of  way  over  and 
along  the  following  described  land  and  premises,  to  construct, 
maintain,  and  operate  a  two  or  three-railed  steam  railway  from 
a  point  commencing  on  the  west  bank  of  said  canal,  about  thir- 


RAILROADS.  339 


teen  (13)  rods  east,  and  seventy-two  (72)  rods  south  of  the  north- 
west corner  of  the  northeast  quarter  oi  sebtion  eight  (8),  town- 
ship one  (1)  south,  range  one  (1)  east,  Salt  Lake  meridian,  in 
Salt  Lake  County,  Utah  Territory,  and  running  thence  southerly 
on  and  over  the  right  of  way  of  said  canal,  and  on  the  westerly 
embankment  thereof,  through  the  east  half  (£)  of  section  sev- 
enteen (17),  said  township' and  range,  and  thence  along  said 
canal  into  the  northeast  quarter  of  section  twenty  (20)  of  said 
township  and  range  to  a  point  about  one  thousand  (1,000)  feet 
south  of  the  penitentiary  road,  on  the  terms  and  conditions  con- 
tained in  the  following  agreement,  to-wit : 

This  agreement,  made  and  entered  into  on  this  . .  .  day  of  .... 
in  the  year  of  our  Lord,  one  thousand,  eight  hundred  and  eighty- 
seven,  by  and  between  Salt  Lake  City,  a  municipal  corporation, 
organized  and  existing  under  the  laws  of  the  Territory  of  Utah, 
and  hereinafter  designated  as  "  said  city,"  party  of  the  first  part, 
and  the  Salt  Lake  and  Fort  Douglas  Railway  Company,  a  rail- 
way corporation  of  Utah  Territory,  hereinafter  designated  as 
"  said  railway  company,"  party  of  the  second  part,  witnesseth  : 
That  whereas,  the  said  railway  company  is  about  to  con- 
struct and  operate  a  railway  to  carry  passengers  and  freight  for 
hire,  and  for  this  purpose  has  applied  to  said  city  for  a  right  of 
way  over  and  along  the  west  bank  pf  the  Jordan  and  Salt  Lake 
City  canal,  and  for  the  privilege  of  laying  tracks  and  running 
cars  thereon,  and  the  said  city  has  granted  said  application  on 
the  terms  and  conditions  following,  to-wit : 

Now,  therefore,  in  consideration  of  the  sum  of  six  thousand 
($6,000)  dollars,  in  hand,  paid  to  said  city  by  said  railway  com- 
pany, the  receipt  whereof  is  hereby  acknowledged,  and  of  the 
covenants  and  agreements  made  by  the  said  railway  company, 
and  hereinafter  contained,  said  city  has,  subject  to  the  con- 
ditions and  restrictions  hereinafter  provided,  granted,  sold  and 
extended,  and  by  these  presents  does  grant,  sell  and  convey,  un- 
to the  said  railway  company,  so  far  as  it  has  the  legal  right  so 
to  do  without  forfeiting,  or  in  any  way  impairing  its  title  to  any 
of  the  premises  hereinafter  described,  or  its  right  to  the  use 
thereof  for  the  purposes  for  which  they  are  now  used  by  said 
city,  the  right  of  way  for  the  construction  and  operation  of  a 
two  or  three-railed  steam  railway,  on  and  over  the  right  of  way 


' 


340  RAILROADS. 


for  a  canal  owned  by  said  city,  and  on  and  over  the  westerly  em- 
bankment of  said  city's  canal,  through  the  following  lands,  to- 
wit  :  Commencing  at  a  point  on  the  west  bank  of  said  canal 
about  thirteen  (13)  rods  east,  and  seventy-two  (72)  rods  south 
of  the  northwest  corner  of  the  northeast  quarter  of  section 
eight  (8),  township  one  (1)  south,  range  one  (1)  east,  Salt  Lake 
meridian,  in  Salt  Lake  County,  Utah  Territory,  and  running 
thence  southerly,  on  and  over  the  right  of  way  of  said  canal, 
and  on  the  westerly  embankment  thereof,  through  the  east  half 
(-|)  of  section  seventeen  (17),  said  township  and  range,  and 
thence  along  said  canal  into  the  northeast  quarter  of  section 
twenty  (20)  of  said  township  and  range,  to  a  point  about  one 
thousand  (1,000)  feet  south  of  the  penitentiary  road. 

The  right  of  way  hereby  granted  is  of  sufficient  width  to 
construct,  maintain  and  operate  a  railway,  and  for  access  to  and 
along  the  same  with  teams  and  men  to  repair  and  keep  the  said 
railway  in  good  condition  ;  Provided,  that  in  the  construction, 
maintenance  and  operation  of  said  railway,  the  right  to  and 
maintenance  and  operation  of  said  canal  shall  in  no  wise  be  im- 
paired or  infringed  upon. 

In  consideration  whereof,  the  said  railway  company  hereby 
agrees,  for  itself,  its  successors  and  assigns,  that  its  railway 
shall  be  completed  within  six  months  from  the  date  of  the 
signing  of  this  agreement,  and  shall  be  constructed  at  such  a 
height  and  grade  on  the  bank  of  said  canal  as  not  to  impair  the 
embankment  for  canal  purposes,  nor  to  in  any  way  interfere  with, 
infringe  upon  or  impair  the  right  of  said  city  to  maintain, 
operate  and  control  said  canal;  also  that  it  will  from  time  to 
time,  as  it  may  be  needed,  fill  up  the  grade  of  its  road  so  as  to 
repair  natural  settlings  and  gradual  degradations  or  wear  and 
waste,  and  that  it  will  maintain  the  embankment  at  a  height 
suitable  for  canal  purposes.  That  should  said  embankment, 
where  used  by  said  railway  company,  be  impaired  or  carried 
away  by  high  wafer,  floods,  cloudbursts  or  underground  leakage 
or  other,  defects  arising  from  such  causes,  the  same  shall  be 
repaired  by  said  railway  company  at  its  own  expense,  and  said 
railway  company  shall  keep  the  bank  of  said  canal  occu- 
pied by  it  in  good  condition,  free  from  weeds  and  other  ob- 
structions; and  the  construction  of  said  railway  shall  be  under 


RAILROADS.  341 


the  supervision  of  the  mayor  and  city\  survey  or,  whose  duty 
shall  be  to  see  that  no  damage  shall  be  done  to  said  canal  during 
the  construction  of  said  railway,  and  to  locate  the  roadway 
thereof  on  the  most  suitable  place  on  the  bank  of  said  canal. 

That  in  case  the  said  city  should  at  any  time  desire  to 
enlarge  said  canal  or  in  any  way  change  the  location  of  the 
bed  or  bank  of  the  same,  said  railway  company  will  change  its 
track  to  conform  to  such  enlargement  or  change  of  location,  so 
as  not  to  interfere  with  the  free  use  and  operation  of  said 
canal. 

That  whenever,  by  the  cleaning  or  repairing  of  said  canal 
along  the  route  hereinbefore  described,  there  shall  be  accumu- 
lated on  the  west  bank  thereof  any  dirt,  sediment  or  other 
obstruction,  said  railway  company  shall  remove  and  carry  away 
the  same  at  its  own  expense. 

That  in  the  construction,  maintenance  and  operation  of  said 
railway  along  the  bank  of  the  canal  as  aforesaid,  the  capacity 
of  said  canal  shall  not  be  lessened;  and  if,  by  the  gradual  sink- 
ing of  the  earth  on  account  of  said  railway,  said  canal  shall  be 
in  any  way  injured  or  its  capacity  lessened,  said  railway  com- 
pany shall  place  the  same  in  good  condition  immediately  upon 
proper  notice  thereof  given  it  by  any  agent  or  officer  of  said 
city,  and  the  making  and  easing  of  curves  on  said  railway  must 
be  made  on  the  outer  side  of  the  canal  embankment. 

That  in  the  construction  of  all  bridges  by  said  railway 
company  along  said  canal,  where  the  railway  crosses  other 
streams,  the  same  shall  in  no  case  touch  the  flumes  of  the  said 
canal,  but  shall  be  constructed  at  such  distance  therefrom  as  to 
prevent  any  injury  to  the  same. 

That  said  company  will  keep  in  repair  all  irrigation  flumes 
and  waterways  and  all  boxes  under  its  track  along  the  bank  of 
said  canal,  and  shall  put  in  and  maintain  good  plank  crossings 
opposite  all  bridges  crossing  said  canal  along  the  line  of  its 
track. 

That  said  city  shall  in  no  way  be  liable  or  responsible  for 
any  accident  or  damage  that  may  occur  on  said  railway  by  rea- 
son of  the  default  or  misconduct  of  said  railway  company  or  its 
employes,  or  for  any  damage  that  may  occur  by  reason  of  the 
construction,  maintenance  or  operation  of  said  railway  upon  and 


342  RAILROADS. 


along  the  banks  of  said  canal;  and  the  said  railway  company 
covenants  and  agrees  to  save  the  said  city  harmless  from  and 
against  any  liability,  loss,  cost,  expense  or  damage  of  any  nature 
arising  out  of  the  construction,  maintenance  and  operation  of 
said  railway,  or  arising  out  of  any  default  or  misconduct  of  said 
railway  company,  or  which  may  accrue  by  reason  of  any  acci- 
dent or  injury  which  may  occur  in  or  by  reason  of  the  con- 
struction or  operation  of  said  railway,  and  to  indemnify  and 
repay  said  city  for  any  loss,  cost,  expense  or  damage  of  any 
kind  it  may  sustain  by  reason  of  any  such  construction,  main- 
tenance, operation,  default,  misconduct,  accident  or  injury;  and 
if  any  judgment  for  damages  arising  from  such  construction, 
mai?itenance  or  operation  of  said  railway,  or  for  any  such  de- 
fault, misconduct,  accident  or  injury,  shall  be  recovered  against 
said  city,  the  recovery  thereof  and  the  judgment  therefor  shall 
be  final  as  between  the  said  city  and  said  company,  and  conclu- 
sive as  to  the  liability  of  the  latter  to  the  former. 

In  witness  whereof,  the  mayor  of  Salt  Lake  City  has  here- 
unto set  his  hand  and  caused  the  seal  of  said  city  to  be  hereunto 
affixed  by  order  of  the  city  council  of  said  city,  and  the  presi- 
dent of  said  The  Salt  Lake  and  Fort  Douglas  Railway  Company 
has  hereunto  set  his  hand  and  caused  the  corporate  seal  of  said 
company  to  be  hereto  affixed  by  order  of  the  board  of  di- 
rectors of  said  company.  Done  in  duplicate  the  day  and  year 
in  this  agreement  first  above  written.  Attested  by  the  recorder 
of  said  city  and  by  the  secretary  of  said  company. 

And  be  it  further  Resolved,  that  the  mayor  of  Salt  Lake 
City  be,  and  is  hereby,  authorized  to  sign  the  foregoing  contract 
on  the  part  of  Salt  Lake  City,  and  the  recorder  of  said  city  is 
hereby  authorized  to  attest  the  same  with  his  signature  and  the 
corporate  seal  of  said  city. 

[Novembers,  1887.] 


RAILROADS.  343 


A    RESOLUTION 

GRANTING  A  FRANCHISE  TO  AND  AUTHORIZING  THE  MAYOR  AND  RE- 
CORDER OF  SALT  LAKE  CITY  TO  SIGN  A  CONTRACT  WITH  "THE 
SALT  LAKE  AND  FORT  DOUGLAS  RAILWAY  COMPANY." 


Franchise  to  Salt  Lake  and  Fort  Douglas  Railway  Co. 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City: 
That  "The  Salt  Lake  and  Fort  Douglas  Railway  company,"  its 
successors  and  assigns,  have  a  right  of  way,  for  the  period  of 
twenty  years,  over  and  along  the  following-named  streets  of  said 
city,  to  construct,  maintain,  and  operate  a  two  or  three-railed 
steam  railway,  from  a  point  connecting  with  said  railway  com- 
pany's track  at  the  intersection  of  Eighth  South  and  Fourth 
West  streets,  north  along  said  Fourth  West  street  to  the  Utah 
Central  Railway  depot,  between  North  and  South  Temple 
streets,  on  the  terms  and  conditions  contained  in  the  following 
agreement,  to-wit: 

This  agreement,  made  and  entered  into  this day 

of in  the  year  of  our  Lord  one  thousand  eight  hundred 

and  eighty-eight,  by  and  between  Salt  Lake  City,  a  municipal 
corporation,  organized  and  existing  under  the  laws  of  Utah  Ter- 
ritory, party  of  the  first  part,  and  hereinafter  designated  as 
"said  city;"  and  The  Salt  Lake  and  Fort  Douglas  Railway  com- 
pany, a  railway  corporation  of  Utah  Territory,  hereinafter  desig- 
nated as  "said  railway  company,"  party  of  the  second  part,  wit- 
nesseth : 

WHEREAS,  The  said  railway  company  is  about  to  construct 
and  operate  through  the  streets  of  Salt  Lake  City  a  railroad  to 
carry  passengers  and  freight  for  hire,  and  for  this  purpose  has 
applied  to  said  city  for  a  right  of  way  over  and  along  its  streets 
and  highways,  and  for  the  privilege  of  laying  tracks  and  run- 
ning cars  thereon,  and  the  said  city  has  granted  said  application 
for  a  period  of  twenty  years  to  said  railway  company  on  the 
terms  and  conditions  following,  to-wit: 

First — In  consideration  of  the  covenants  and  agreements 


344  RAILROADS. 


made  by  the  said  railway  company,  and  hereinafter  contained, 
said  city  has  granted,  given  and  extended,  and  by  these  presents 
does  grant,  give  and  extend  unto  the  said  railway  company  a 
right  of  way  and  transit,  and  a  right  to  build,  own,  maintain 
and  operate  a  two  or  three-railed  steam  railway,  with  power  to 
move  cars  thereon  from  a  point  connecting  with  said  railway 
company's  track  at  the  intersection  of  Eighth  South  and  .Fourth 
West  streets,  north  along  said  Fourth  West  street  to  the  Utah 
Central  railway  depot,  between  North  and  South  Temple 
streets,  with  necessary  and  convenient  side  tracks  and  spurs  to 
•enable  said  railway  company  to  connect  with  the  Utah  and  Nevada 
railway,  with  the  Utah  Central  railway,  and  with  the  Denver 
and  Rio  Grande  Western  railway;  side  tracks,  spurs  and  changes 
in  location  of  track  to  be  made  only  by  consent  and  with  the 
approval  of  the  city  council  of  said  city;  Provided,  that  no 
freight  shall  be  loaded  or  unloaded  except  at  the  terminal  points 
or  depots  of  said  railway. 

In  consideration  whereof,  the  said  railway  company  has 
agreed  for  itself,  its  successors  and  assigns,  and  by  these  pres- 
ents does  agree  for  itself,  its  successors  and  assigns: 

First — That  all  tracks  laid  by  said  railway  company  shall 
be  in  the  center  of  the  streets,  except  where  it  is  necessary  to 
make  curves  in  connecting  with  the  said  Utah  and  Nevada  rail- 
way, with  the  Utah  Central  railway,  with  the  Denver  and  Rio 
Grande  Western  railway  and  with  the  said  railway  company's 
depot  grounds;  and  no  tracks  shall  be  laid  upon  any  sidewalk 
except  to  enter  or  leave  the  block  to  which  it  is  adjacent. 

Second — That  the  said  railway  company's  tracks  shall  be 
laid  upon  and  conform  to  the  established  grade  of  the  street 
upon  which  they  run,  and  if  such  grade  is-  afterwards  changed 
by  order  of  the  city  council,  said  railway  company  shall,  at  its 
own  expense,  change  its  track  to  conform  to  the  same,  and  shall 
keep  the  road  ballasted  with  gravel  to  within  two  and  a  half 
inches  of  the  top  of  the  rails. 

Third — That  the  said  railway  company  shall  gravel  and 
maintain  in  good  condition,  at  the  established  grade,  the  street 
along  which  the  track  runs,  for  a  distance  of  forty  feet  on  each 
side  of  said  railway,  subject  to  the  approval  of  the  supervisor 
of  streets,  said  improvements  to  be  made  within  one  year  after 


BAILKOADS.  345 


the  date  of  this  agreement,  and  said  railways  company  shall  have 
permission  to  take  gravel  for  said  purpose  from  the  city  gravel 
block,  free  of  charge. 

Fourth — That  said  track  shall,  without  cost  to  the  said  city, 
be  kept  and  maintained  in  good  condition  and  repair  along  its 
entire  length,  and  the  whole  space  between  the  rails  and  one 
foot  on  each  side  thereof  shall  be  kept  paved  or  ballasted  of  the 
same  material  as  the  street  traversed,  and  made  to  conform  to 
the  established  grade  thereof.  Said  railway  company  shall  put 
in,  and  maintain,  to  the  acceptance  of  the  supervisor  of  streets, 
stone  or  plank  crossings  between  the  rails  and  one  foot  on  the 
outside  of  the  rails  for  the  entire  width  of  each  and  every  street 
grossed  by  it  on  said  Fourth  West  street,  and  the  top  surface  of 
said  stone  or  planks  shall  be  on  a  level  with  the  top  of  the  rails. 

Fifth — That  said  track  shall  be  laid  and  the  road  operated 
so  as  to  cause  no  unnecessary  impediment  to  the  common  and 
ordinary  use  of  said  street,  on  which  it  is  laid.  And  the  said 
railway  company  shall  comply  with  the  direction  of  said  city  in 
the  construction  of  its  line,  and  in  the  operation  of  the  same 
within  the  limits  of  said  city,  when  it  does  not  interfere  with 
the  points  of  special  agreement  as  herein  set  forth. 

Sixth — The  rate  of  speed  at  which  trains,  engines,  or  cars 
shall  be  run  through  said  city  shall  not  exceed  eight  miles  per 
hour,  and  no  train  or  car  shall  be  run  on  said  railway  without  a 
locomotive  engine  attached  thereto. 

Seventh — Good  and  sufficient  conduits  to  convey  the  water 
shall  be  laid  and  maintained  in  good  condition  at  the  expense  of 
said  railway  company,  at  all  water  ditches  crossed  by  said  rail- 
way, so  as  to  admit  of  a  free  passage  of  the  water. 

Eighth — [f  engines,  trains  or  cars  are  run  at  night,  a  red 
light  shall  be  kept  in  a  conspicuous  place  thereon,  and  a  stand- 
ai-d  headlight  shall  be  placed  on  the  front  of  such  engine,  car 
or  train. 

Ninth — That  said  railway  company  shall  place  on  said  rail- 
way passenger  cars  with  all  necessary  modern  improvements, 
for  the  convenience  and  comfort  of  passengers,  which  shall  be 
run  thereon  each  and  every  day,  both  ways,  as  often  as  the  pub- 
lic convenience  may  require,  and  under  such  regulations  as  the 
•city  council  may  from  time  to  time  prescribe. 


346  RAILROADS. 


Tenth — That  the  provisions  of  the  tenth  article  of  a  "  Res- 
olution granting  a  franchise  to,  and  authorizing  the  mayor  and 
recorder  of  Salt  Lake  City  to  sign  a  contract  with  the  Salt  Lake 
and  Fort  Douglas  Railway  Company,"  adopted  September  23d, 
1884,  shall  also  be  applicable  to  this  franchise  and  considered  as 
a  part  hereof  ;  Provided,  that  the  amount  of  gravel  required  to 
be  hauled  over  this  road  shall  not  exceed  fifty  tons  per  day,  or 
in  the  aggregate  seventeen  thousand  tons  per  annum,  and  the 
gravel  mentioned  therein  to  be  hauled  by  said  railway  company 
for  said  city,  or  part  thereof,  shall,  when  directed  by  the  proper 
officers  or  agents  of  said  city,  be  transported  by  said  railway 
company  over  and  along  the  whole  or  any  part  of  said  railway 
company's  line  on  said  Fourth  West  street,  free  of  charge  to- 
said  city,  and  delivered  at  such  point  on  the  line  of  said  road 
as  its  officers  or  agents  may  direct. 

Eleventh — Said  city  shall  in  no  way  be  liable  or  responsi- 
ble for  any  accident  or  damage  that  may  occur  on  said  railway 
by  reason  of  the  default  or  misconduct  of  said  railway  company 
or  its  employes;  and  the  said  railway  company,  for  itself,  its 
successors  and  assigns,  covenants  and  agrees  to  save  the  said 
city  harmless  from  and  against  any  liability,  loss,  cost,  expense 
or  damage  of  any  nature  arising  out  of  any  default  or  miscon- 
duct of  said  railway  company,  or  which  may  accrue  by  reason  of 
any  accident  or  injury  which  may  occur  in  or  by  reason  of  the 
construction  or  operation  of  said  railway,  and  to  indemnify  and 
repay  said  city  for  any  loss,  costs,  expense  or  damage  of  any 
kind  it  may  sustain  by  reason  of  any  such  default,  misconduct,, 
accident  or  injury,  and  if  any  judgment  for  damages  for  any 
such  default,  misconduct,  accident  or  injury  shall  be  recovered 
against  said  city,  the  recovery  thereof  and  the  judgment  there- 
for shall  be  final  as  between  the  said  city  and  said  company,  and 
conclusive  as  to  the  liability  of  the  latter  to  the  former. 

Twelfth — The  construction  of  said  railway  to  commence 
within  sixty  days  after  the  signing  of  this  agreement,  and  said 
railway  shall  be  completed  within  ninety  days  from  said  date. 

Thirteenth — The  said  railway  company,  its  successors  and 
assigns,  hereby  binds  itself  to  comply  with  all  the  stipulations 
hereof.  That  if  the  said  grantee,  its  successors  and  assigns, 
shall  fail  to  keep  and  perform  all  the  stipulations  of  this  agree- 


KAILROADS.  347 


ment,  the  city  council,  after  sixty  days'  notice,  and  on  failure  of 
the  company  to  provide  a  remedy  or  make  satisfactory  arrange- 
ments therefor,  may  declare  this  agreement  null  and  void,  and 
proceed  to  take  possession  of  the  road-bed  and  remove  or  con- 
trol the  same,  as  if  this  agreement  had  not  been  made. 

Fourteenth — That  in  the  construction  and  operation  of  said 
railway,  the  said  party  of  the  second  part  and  its  successors  and 
assigns  shall  at  all  times  conform  to  all  ordinances,  rules  and 
regulations  that  have  been,  or  may  hereafter  be,  adopted  by  the 
city  council  of  said  city  in  relation  to  operating  railroads,  and 
to  all  other  ordinances,  rules  and  regulations  applicable  thereto. 
And  the  right  of  the  city  council  of  said  city  to  alter  and  amend 
the  conditions  and  provisions  of  this  franchise,  whenever  in  its- 
judgment  the  public  good  may  require  such  changes  or  amend- 
ments, is  hereby  expressly  reserved. 

In  witness  whereof,  the  mayor  of  Salt  Lake  City  has  here- 
unto set  his  hand  and  caused  the  seal  of  said  city  to  be  hereunto- 
affixed,  by  order  of  the  city  council  of  said  city;  and  the  presi- 
dent of  said  "The  Salt  Lake  and  Fort  Douglas  Railway  Company" 
has  hereunto  set  his  hand  and  caused  the  corporate  seal  of  said 
company  to  be  hereunto  affixed,  by  order  of  the  board  of  di- 
rectors of  said  company.  Done  in  duplicate,  the  day  and  year 
in  this  agreement  first  above  written.  Attested  by  the  recorder 
of  said  city  and  by  the  secretary  of  said  company. 

.  And  be  it  further  Resolved,  That  the  mayor  of  said  Salt 
Lake  City  be,  and  is  hereby,  authorized  to  sign  the  foregoing 
contract  on  the  part  of  Salt  Lake  City,  and  the  recorder  of  said 
city  is  hereby  authorized  to  attest  the  same  with  his  signature 
and  the  corporate  seal  of  said  city. 

[November  13,  A.  D.  1888.] 


348  RAILEOADS. 


A    RESOLUTION 

GRANTING  A  FRANCHISE  TO  AND  AUTHORIZING  THE  MAYOR  AND  RE- 
CORDER OF  SALT  LAKE  CITY  TO  SIGN  A  CONTRACT  WITH  THE 
UTAH  WESTERN  RAILWAY  COMPANY. 


Franchise  to  Utah  Western  Railway  Company. 

Be  it  Resolved  by  the  City  Council  of  Salt  Lake  City:  That 
the  Utah  Western  Railway  company,  its  successors  and  assigns, 
have  a  right  of  way  for  a  period  of  twenty  years,  over  and  along 
the  following-named  streets  of  said  city  to  construct,  maintain 
and  operate  a  two  or  three-railed  steam  railway  from  a  point 
connecting  with  the  tracks  laid  under  the  franchise  of  the  Salt 
Lake  and  Fort  Douglas  Railway  company  at  the  intersection  of 
North  Temple  street  and  Fourth  West  street,  north  along  said 
Fourth  West  street  on  the  west  side  of  the  Oregon  Short  Line 
and  Utah  and  Northern  railway  to  Fifth  North  street,  thence  in 
a  northwesterly  direction  to  Ninth  North  street  at  a  point  im- 
mediately west  of  the  right  of  way  of  the  said  Oregon  Short 
Line  and  Utah  and  Northern  railway,  across  the  intervening 
streets  of  said  city,  and  thence  west  on  said  Ninth  North  street 
to  the  west  bank  of  the  Jordan  river,  on  the  terms  and  condi- 
tions contained  in  the  following  agreement,  to- wit: 

This  agreement,  made  and  entered  into  this day 

of.... A.  D.  1889,  by  and  between  Salt  Lake  City,  a 

municipal  corporation,  organized  and  existing  under  the  laws  of 
Utah  Territory,  party  of  the  first  part,  and  hereinafter  desig- 
nated as  "said  city,"  and  the  Utah  Western  Railway  company,  a 
corporation  of  Utah  Territory,  and  hereinafter  designated  as 
"said  railway  company,"  party  of  the  second  part,  Witnesseth: 

WHEREAS,  The  said  railway  company  is  about  to  construct 
and  operate  through  the  streets  of  Salt  Lake  City,  a  railroad  to 
carry  passengers  and  freight  for  hire,  and  for  this  purpose  has 
applied  to  said  city  for  right  of  way  over  and  along  its  streets 
and  highways  and  for  the  privilege  of  laying  tracks  and  running 
-cars  thereon,  and  the  said  city  has  granted  said  application  for 


RAILROADS.  349 


a  period  of  twenty  years  to  said  railway  company  on  the  terms 
and  conditions  following,  to-wit: 

First — In  consideration  of  the  covenants  and  agreements 
made  by  the  said  railway  company,  and  hereinafter  contained, 
said  city  has  granted,  given  and  extended,  and  by  these  presents 
does  grant,  give  and  extend  unto  the  said  railway  company  a 
right  of  way  and  transit,  and  a  right  to  build,  own,  maintain  and 
operate  a  two  or  three-railed  steam  railway  with  power  to  move 
cars  thereon  from  a  point  connecting  with  the  tracks  of  the  Salt 
Lake  City  and  Fort  Douglas  Railway  company,  at  the  intersec- 
tion of  North  Temple  street  and  Fourth  West  street,  north 
along  said  Fourth  West  street,  on  the  west  side  of  the  Oregon 
Short  Line  and  Utah  and  Northern  railway,  to  Fifth  North  street, 
thence  in  a  northwesterly  direction  to  Ninth  North  street,  at  a 
point  immediately  west  of  the  right  of  way  of  said  Oregon  Short 
Line  and  Utah  and  Northern  railway,  across  the  intervening 
streets  of  said  city,  and  thence  west  on  said  Ninth  North  street 
to  the  west  bank  of  the  Jordan  riveV. 

In  consideration  whereof,  the  said  railway  company  has 
agreed  for  itself,  its  successors  and  assigns,  and  by  these  pres- 
ents does  agree  for  itself,  its  successors  and  assigns: 

First—  That  all  tracks  laid  by  this  company  on  streets  occu- 
pied by  the  Oregon  Short  Line1  and  Utah  and  Northern  railway 
shall  be  laid  at  a  proper  distance  from  and  parallel  with  the 
tracks  of  said  last-named  railway;  and  on  Ninth  North  street 
said  track  shall  run  in  the  center  of  the  street,  but  the  said  Utah 
Western  Railway  company  shall  have  a  right  to  make  necessary 
curves  to  connect  with  said  Oregon  Short  Line  and  Utah  and 
Northern  railway  and  with  the  Rio  Grande  Western  railway, 
but  no  tracks  shall  be  laid  upon  any  sidewalk,  except  where  it 
necessarily  crosses  the  same. 

Second — That  said  railway  company's  tracks  shall  be  laid 
upon  and  conform  to  the  established  grade  of  the  street  upon 
which  they  run,  and  if  such  grade  is  afterwards  changed  by 
order  of  the  city  council,  said  railway  company  shall,  at  its  own 
expense,  change  its  track  to  conform  to  the  same,  and  shall  keep 
the  road  ballasted  with  gravel  to  within  two  and  a  half  inches  of 
the  top  of  the  rails. 

Third — That  the  said  railway  company  shall   gravel  and 


350  RAILROADS. 


maintain  in  good  condition,  at  the  established  grade,  the  streets 
along  which  its  track  runs,  for  a  distance  of  thirty  (30)  feet  on 
each  side  of  said  railway  track,  where  there  is  no  other  railway 
on  said  street,  and  thirty  ( 30 )  feet  on  the  outer  side  of  the  track 
where  there  is  another  railway  on  the  street,  subject  to  the  ap- 
proval of  the  supervisor  of  streets;  said  improvements  to  be 
made  within  one  year  after  the  date  of  this  agreement. 

Fourth — That  said  track  shall,  without  cost  to  said  city,  be 
kept  and  maintained  in  good  condition  and  repair  along  its  en- 
tire length,  and  the  whole  space  between  the  rails  and  two  feet 
on  each  side  thereof  shall  be  kept  paved  or  ballasted  of  the 
same  material  as  the  street  traversed,  and  made  to  conform  to 
the  established  grade  thereof.  Said  railway  company  shall  put 
in  and  maintain,  to  the  acceptance  of  the  supervisor  of  streets, 
stone  or  plank  crossings  between  the  rails  and  one  foot  on  the 
outside  of  the  rails,  for  the  entire  width  of  each  and  every  street 
crossed  by  it,  and  the  top  surface  of  said  stone  or  planks  shall 
be  on  a  level  with  the  top  o'f  the  rails. 

Fifth — That  the  said  track  shall  be  laid  and  the  road  oper- 
ated so  as  to  cause  no  unnecessary  impediment  to  the  common 
and  ordinary  use  of  the  streets  on  which  it  is  laid.  And  the  said 
railway  company  shall  comply  with  the  direction  of  the  city  in 
the  construction  of  its  line,  and  in  the  operation  of  the  same 
within  the  limits  of  said  city,  when  it  does  not  interfere  with 
the  points  of  special  agreement  as  herein  set  forth. 

Sixth — The  rate  of  speed  at  which  trains,  engines  or  cars 
shall  be  run  through  said  city  shall  not  exceed  twelve  miles  per 
hour,  and  no  train  or  car  shall  be  run  on  said  railway  without  a 
locomotive  engine  attached  thereto. 

Seventh — Good  and  sufficient  conduits  to  convey  the  water 
shall  be  laid  and  maintained  in  good  condition  at  the  expense  of 
said  railway  company  at  all  water  ditches  crossed  by  said  rail- 
way company,  so  as  to  admit  of  a  free  passage  of  the  water. 

Eighth — If  engines,  trains  or  cars  are  run  at  night,  a  red 
light  shall  be  kept  in  a  conspicuous  place  thereon  and  a  stand- 
ard head  light  shall  be  placed  on  the  front  on  such  engine,  car 
or  train. 

Ninth — That  said  railway  company  shall  place  on  said  rail- 
way passenger  cars  with  all  necessary  modern  -improvements  for 


RAILROADS.  351 


the  convenience  and  comfort  of  passengers,  which  shall  be  run 
thereon,  each  and  every  day,  both  ways,  as  often  as  the  public 
convenience  may  require,  and  under  such  reasonable  regulations 
as  the  city  council  may  from  time  to  time  prescribe. 

Tenth — Said  city  shall  in  no  way  be  liable  or  responsible 
for  any  accident  or  damage  that  may  occur  on  said  railway  by 
reason  of  the  default  or  misconduct  of  said  railway  company  or 
its  employes,  and  the  said  railway  company  for  itself,  its  suc- 
cessors and  assigns  covenants  and  agrees  to  save  the  said  city 
harmless  from  and  against  any  liability,  loss,  cost,  expense  or 
damage  of  any  nature  arising  ,out  of  any  default  or  misconduct 
of  said  railway  company,  or  which  may  accrue  by  reason  of  any 
accident  or  injury  which  may  occur  in  or  by  reason  of  the  con- 
struction or  operation  of  said  railway,  and  to  indemnify  and 
repay  the  said  city  for  any  loss,  costs,  expense  or  damage  of  any 
kind  it  may  sustain  by  reason  of  any  such  default,  misconduct, 
accident  or  injury,  and  if  any  judgment  for  damages  for  any 
such  default,  misconduct,  accident  or  injury  shall  be  recovered 
against  the  said  city,  the  recovery  thereof  and  the  judgment 
therefor  shall  be  final  as  between  the  said  city  and  said  com- 
pany, and  conclusive  as  to  the  liability  of  the  latter  to  the 
former. 

Eleventh — The  construction  of  said  railway  to  commence 
within  ninety  days  after  the  signing  of  this  agreement  and  be 
completed  within  six  months  from  said  date. 

Twelfth — The  said  railway  company,  its  successors  and  as- 
signs, hereby  binds  itself  to  comply  with  all  the  stipulations 
hereof.  That  if  the  said  grantee,  its  successors  and  assigns, 
shall  fail  to  keep  and  perform  all  the  stipulations  of  this  agree- 
ment, the  city  council,  after  sixty  days'  notice,  and  on  failure  of 
the  company  to  provide  a  remedy  or  make  satisfactory  arrange- 
ments therefor,  may  declare  this  agreement  null  and  void,  and 
proceed  to  take  possession  of  the  road-bed  and  remove  or  con- 
trol' the  same  as  if  this  agreement  had  not  been  made. 

Thirteenth — That  in  the  construction  and  operation  of  said 
railway,  the  said  party  of  the  second  part,  its  successors  and 
assigns,  shall  at  all  times  conform  to  all  ordinances,  rules  and 
regulations  that  have  been  or  may  hereafter  be  adopted  by  the 
city  council  of  said  city  in  relation  to  operating  railroads,  and 


352  EAILEOADS. 


to  all  other  ordinances,  rules  and  regulations  applicable  thereto" 
And  the  right  of  the  city  council  of  said  city  to  reasonably  alter 
and  amend  the  conditions  and  provisions  of  this  franchise,  when- 
ever in  its  judgment  the  public  good  may  require  such  changes 
or  amendments,  is  hereby  expressly  reserved. 

In  witness  whereof,  the  mayor  of  Salt  Lake  City  has  here- 
unto set  his  hand  and  caused  the  seal  of  said  city  to  be  affixed, 
by  order  of  the  city  council  of  said  city,  and  the  president  of 
said  Utah  Western  Railway  company  has  hereunto  set  his  hand 
and  caused  the  corporate  seal  of  said  company  to  be  affixed  by 
order  of  the  board  of  directors  of. said  company.  Done  in  dupli- 
cate, the  day  and  year  in  this  agreement  first  above  written,, 
and  attested  by  the  recorder  of  said  city  and  by  the  secretary 
of  said  company. 

Be  it  further  Resolved,  that  the  mayor  of  said  city  be  and1' 
he  is  hereby  authorized  to  sign  the  foregoing  contract  on  the-= 
part  of  Salt  Lake  City,  and  the  recorder  of  said  city  is  hereby 
authorized  to  attest  the  same  with  his  signature  and  the  cor- 
porate seal  of  said  city. 

[October  29,  1889.] 


A    RESOLUTIOX 

GRANTING    A    FBANCHISE    TO    THE     GREAT    SALT    LAKE    AND    HOT- 
SPRINGS   RAILWAY   COMPANY. 


Franchise  to  Great  Sail   Lake  and    Hot   Springs  Rail- 
way Company. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City :  That  the  Great  Salt  Lake  and  Hot  Springs  Railway 
company,  its  successors  and  assigns,  have  the  authority  and 
consent  of  the  city  council,  and  the  permission  is  hereby  granted 
it,  to  construct,  maintain  and  operate  a  single  or  double-track 
standard-gauge  railway,  as  hereinafter  specified,  to  be  operated 
by  steam,  electric  or  cable  power,  with  all  the  necessary  or  con- 
venient switches,  side-tracks,  turnouts  and  cross-over  tracks,  on 
the  following  streets  and  roads  of  Salt  Lake  City,  to-wit:. 


BAILKOADS.  353 


A  single  track  commencing  at  a  point  in  Third  West  street, 
330  feet  south  of  the  south  line  of  North  Temple  street,  and. 
running  thence  north  along  said  Third  West  street  to  Fifth. 
North  street;  also  a  single  or  double  track  between  Fifth  North 
and  Ninth  North  street,  together  with  two  single  tracks,  switches 
or  turnouts,  in  the  form  of  a  Y,  easterly  from  said  track  across 
the  sidewalk  of  said  Third  West  street  to  the  premises  described 
as  the  north  one-half  (^)  of  lot  four  (4)  in  block  eighty-four  (84),. 
plat  A,  Salt  Lake  City  survey.  Also  a  single  or  double  track 
beginning  at  the  south  boundary  line  of  Oak  street  of  Folsom's 
addition,  at  a  point  opposite  an  alley  between  lot  one  ( 1 )  and 
thirty-eight  (38)  of  block  seventeen  (17)  of  said  addition; 
thence  northerly  across  said  Oak  street  and  along  the  alleyway 
last  aforesaid,  and  across  Chestnut  street,  and  along  the  alleyway 
running  through  block  sixteen  (16)  of  said  addition  to  Cleveland 
avenue;  thence  northerly  along  Cleveland  avenue  and  the  county 
road  thirteen  hundred  and  twenty  (1320)  feet  to  a  point  on  the 
westerly  boundary  line  of  said  county  road. 

On  the  following  conditions,  viz: 

First — That  all  tracks  laid  by  said  grantee,  its  successors 
or  assigns,  sh,all  be  in  the  center  of  the  streets,  unless  otherwise 
directed  by  the  city  council,  and  in  such  manner  as  may  be 
approved  by  the  city  council,  and  upon  such  streets  as  are  but 
four  rods  wide  only  one  track  shall  be  laid,  except  by  permis- 
sion of  the  city  council. 

Second — That  all  of  said  railway  tracks  shall  be  laid  upon 
and  conform  to  the  established  grade  of  the  several  streets  upon 
which  they  run,  and  if  said  grade  is  afterward  changed  by  order 
of  the  city  council,  said  grantee,  its  successors  or  assigns, 
shall,  at  its  own  expense,  change  the  track  to  conform  to  the 
same,  and  shall  keep  the  road  ballasted  with  gravel  to  within 
one  and  one-half  inches  of  the  top  of  the  rails:  Provided,  that 
whenever  any  of  the  streets  along  which  the  said  railway  is 
built  shall  be  paved,  then  said  grantee,  its  successors  or  as- 
signs,, shall  pave  between  the  rails,  and  for  a  space  of  two  feet 
outside  of  each  rail,  with  the  same  material  as  that  used  in  the 
street  pavement. 

Third — The  said  grantee,  its  successors  or  assigns,  shall 
gravel  and  maintain  in  good  condition,  at  the  established  grade,, 

23 


354  RAILROADS. 


"the  streets  along  which  the  track  runs  for  a  distance  of  twenty- 
five  feet  on  each  side  of  the  outer  rails,  subject  to  the  approval 
of  the  supervisor  of  streets. 

Fourth — Said  grantee,  its  successors  or  assigns,  shall  put  in 
•and  maintain  sueh  crossings  where  the  line  of  said  railroad  in- 
tersects streets  of  Salt  Lake  City,  as  shall  be  from  time  to  time 
required  by  the  city  council,  and  shall,  without  requirement 
from  said  city  council,  at  once,  upon  construction  of  their  said 
road,  put  in  and  maintain  said  crossings. 

Fifth — That  said  track  shall  be  laid  and  the  road  operated 
so  as  to  cause  no  unnecessary  impediment  to  the  common  and 
ordinary  use  of  said  streets  upon  which  it  is  laid.  And  said 
grantee  shall  comply  with  the  direction  of  said  city  council  in 
the  construction  of  the  line  and  the  operation  of  the  same 
within  the  limits  of  said  city. 

Sixth — The  rate  of  speed  at  which  trains,  engines  or  cars 
shall  be  run  through  said  city  shall  not  exceed  eight  miles  per 
hour;  and  no  train  or  car  shall  be  run  on  said  railway  without  a 
locomotive  engine  attached  thereto. 

Seventh — Good  and  sufficient  boxes  to  convey  water  shall 
be  laid  and  maintained  in  good  condition,  at  the  expense  of  said 
grantee,  at  all  the  water  ditches  crossed  by  said  railway,  so  as  to 
admit  of  the  free  passage  of  water. 

Eighth — If  engines,  trains  or  cars  are  run  at  night,  a  red 
light  shall  be  kept  in  a  conspicuous  place  thereon,  and  a  white 
light  shall  be  placed  upon  the  front  of  such  engine,  car  or  train. 

Ninth — Said  City  of  Salt  Lake  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  on  said 
road  by  reason  of  the  default  or  misconduct  of  said  railway 
company  or  its  employes.  And  the  said  grantee,  its  successors 
and  assigns,  covenant  and  agree  to  save  the  said  city  harmless 
from  and  against  any  liability,  loss,  cost  or  expense,  or  damage 
of  any  nature  arising  out  of  the  default  or  misconduct  of  said 
railway  company,  or  which  may  accrue  by  reason  of  any  acci- 
dent or  injury  which  may  occur  in  or  by  reason  of  the  construc- 
tion or  operation  of  said  railroad ;  and  to  indemnify  and  repay 
said  city  for  any  loss,  cost  or  expense,  or  damage  of  any  kind 
which  may  be  sustained  by  reason  of  any  such  default,  miscon- 
duct, accident  or  danger  ;  and  if  any  judgment  for  damages  for 


KAILROADS.  355 


any  loss,  default,  misconduct,  accident  or  injury  shall  be  re- 
covered against  said  city,  the  recovery  thereof  and  the  judgment 
therefor  shall  be  final  as  between  said  city  and  said  grantee,  its 
Buccessors  or  assigns,  and  conclusive  as  to  the  liability  of  the 
latter  to  the  former. 

Tenth — That  whenever  the  city  council  shall  find  it  neces- 
sary or  desirable  to  grant  to  any  other  steam  railroad  company 
a  franchise  over  any  of  the  streets  herein  granted,  the  grantee 
herein  shall  allow  running  arrangements  over  grantee's  tracks  to 
such  other  company  making  equitable  payment  for  constructing, 
maintaining  and  operating  the  portion  of  said  grantee's  track 
so  used. 

Eleventh — That  the  said  railway  and  its  successors  and 
assigns  shall  at  no  time  use  the  streets  herein  granted  for  stor- 
age of  cars  nor  depot  purposes,  nor  shall  any  locomotive  or 
freight  car  be  run  or  allowed  to  remain  upon  any  part  of  Third 
West  street  south  of  the  middle  line  of  block  84,  plat  A,  afore- 
said. And  they  shall,  whenever  so  required  by  the  city,  carry, 
free  of  charge,  all  materials  necessary  for  repairing  the  streets 
on  and  over  which  this  franchise  is  granted. 

SEC.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty-five  years  from  the  date  of  the  passage  of  this  resolution, 
and  accepted  on  the  following  conditions,  viz  :  That  if  the 
grantee,  its  successors  and  assigns,  shall  fail  to  perform  any  one 
or  all  the  stipulations  of  this  resolution,  the  city  council,  after 
sixty  days'  notice,  and  on  failure  on  the  part  of  said  company  to 
provide  a  remedy,  or  make  satisfactory  arrangements  therefor, 
may,  by  a  majority  vote,  declare  the  privileges  herein  granted 
forfeited,  and  proceed  to  take  possession  of  the  roadbed,  and 
control  the  same  as  if  this  resolution  had  not  passed. 

SEC.  3.  In  consideration  of  this  grant  and  franchise,  said 
grantee  shall,  within  four  months  after  the  date  of  the  passage 
of  this  resolution  (unless  granted  further  time  by  the  city 
council),  begin  the  actual  construction  of  a  broad-gauge  railway 
to  the  west  from  Salt  Lake  City,  and  construct  and  put  in  opera- 
tion five  miles  thereof,  within  twelve  months  ;  Provided,  that 
in  the  construction  and  operation  of  said  railway,  the  said 
grantee  and  its  successors  and  assigns  shall  at  all  times  conform 
to  such  ordinances,  rules  and  regulations  as  have  been  or  may 


' 


356  RAILEOADS. 


hereafter  be  adopted  by  the  city  council  of  said  city  in  relation 
to  operating  railroads. 

SEC.  4.  In  consideration  of  the  granting  and  accepting 
this  franchise,  all  former  franchises  granted  to  the  Great  Salt 
Lake  and  Hot  Springs  railway  are  hereby  annulled. 

SEC.  5.  That  if  this  grant,  with  the  conditions  herein  con- 
tained, be  not  accepted  in  writing  by  said  grantee  within  thirty 
(30)  days  after  the  passage  of  this  resolution,  then  the  said 
franchise  shall  become  null  and  void. 

[October  18,  1892.] 


ORDINANCE 


GRANTING  A  RIGHT  OF  WAY  THROUGH  CERTAIN  STREETS  OF  SALT 
LAKE  CITY  FOR  A  RAILROAD  TO  THOMAS  P.  MURRAY,  HIS 
SUCCESSORS  AND  ASSIGNS. 


Franchise  to  T.  P.  Murray. 

SECTION  1.  Be  it  Ordained  by  the  City  Council  of  Salt 
Lake  City:  That  Thomas  P.  Murray,  his  successors  and  assigns, 
have  the  authority  and  consent  of  the  city  council,  and  the  per- 
mission is  hereby  granted,  to  construct  and  operate  a  single 
track,  standard  gauge  railroad,  together  with  all  the  necessary 
switches  for  the  accommodation  of  said  road,  to  propel  there- 
on cars  by  steam  power  on  the  following  streets  of  said  city: 

Commencing  at  the  eastern  city  limits  on  Tenth  or  Eoper 
street,  running  thence  west  to  the  city  canal;  thence  northwest 
along  the  east  bank  of  said  canal  to  Eighth  South  street;  thence 
west  along  said  Eighth  South  street  to  Fifth  West  street; 
thence  north  on  Fifth  West  street  to  Fifth  South  street;  thence 
west  on  Fifth  South  street  to  the  city  limits. 

First — That  all  tracks  laid  by  said  grantee  shall  be  in  the 
center  of  the  streets,  unless  otherwise  directed  by  the  city  coun- 
cil, and  in  such  a  manner  as  may  be  approved  by  the  city  coun- 
cil. 


RAILROADS.  357 


Second — That  all  of  said  railway  traeks€hall  be  laid  upon, 
and  conform  to  the  established  grade  of  the  several  streets  upon 
which  they  run,  and  if  said  grade  is  afterwards  changed  by 
order  of  the  city  council,  said  grantee  shall  at  his  own  expense, 
change  the  track  to  conform  to  the  same,  and  shall  keep  the 
road  ballasted  with  gravel  to  within  one  and  one-half  inches  of 
the  top  of  the  rails,  provided  that  whenever  any  of  the  streets 
along  which  the  said  railway  is  built  shall  be  paved  then  said 
grantee,  his  successors  and  assigns,  shall  pave  between  the  rails 
and  for  a  space  of  two  feet  outside  of  each  rail  with  the  same 
material  as  that  used  in  the  street  pavement. 

•Third — That  said  grantee  shall  gravel  and  maintain  in  good 
condition  at  the  established  grade,  the  streets  along  which  the 
track  runs  for  a  distance  of  twenty  feet  on  each  side  of  the  outer 
rails,  subject  to  the  approval  of  the  supervisor  of  streets.  Said 
improvements  to  be  made  as  follows:  One-half  within  one 
year,  and  the  other  half  within  eighteen  months  after  the  com- 
mencement of  the  building  of  said  road. 

Fourth — Said  grantee  shall  put  in  and  maintain  such  cross- 
ings where  the  line  of  said  railroad  intersects  streets  of  Salt 
Lake  City,  as  shall  be  from  time  to  time  required  by  the  city 
council,  and  shall,  without  requirement  from  said  city  council, 
at  once  upon  construction  of  their  said  road  put  in  and  main- 
tain said  crossings. 

Fifth — That  said  track  shall  be  laid  and  the  road  operated 
so  as  to  cause  no  unnecessary  impediment  to  the  common  and 
ordinary  use  of  said  streets  upon  which  it  is  laid.  And  said 
grantee  shall  comply  with  the  directions  of  said  city  in  the  con- 
struction of  the  line  and  the  operation  of  the  same  within  the 
limits  of  said  city. 

Sixth — The  rate  of  speed  at  which  trains,  engines  or  carj 
shall  be  run  through  said  city  shall  not  exceed  eight  miles  per 
hour,  and  no  train  or  car  shall  be  run  on  said  railway  without  a 
locomotive  engine  attached  thereto. 

Seventh — Good  and  sufficient  boxes  to  convey  water  shall 
be  laid  and  maintained  in  good  condition,  at  the  expense  of  said 
grantee,  at  all  the  water  ditches  crossed  by  said  railway,  so  as  to 
admit  of  the  free  passage  of  water. 

Eighth — If  engines,  trains  or  cars  are  run  at  night,  a  red 


358  RAILROADS. 


light  shall  be  kept  in  a  conspicuous  place  thereon,  and  a  white 
light  shall  be  placed  upon  the  front  of  such  engine,  car  or 
train. 

Ninth — Said  City  of  Salt  Lake  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  on  said 
road  by  reason  of  the  default  or  misconduct  of  said  railway 
company  or  its  employes.  And  the  said  grantee,  his  successors 
and  assigns,  covenant  and  agree  to  save  the  said  city  harmless 
from  and  against  any  liability,  loss,  cost,  or  expense  or  damage 
of  any  nature,  arising  out  of  the  default  or  misconduct  of  said 
railway  company,  or  which  may  accrue  by  reason  of  any  acci- 
dent or  injury  which  may  occur  in  or  by  reason  of  the  construc- 
tion or  operation  of  said  railroad  ;  and  to  indemnify  and  repay 
said  city  for  any  loss,  cost  or  expense,  or  damage  of  any  kind 
which  may  be  sustained  by  reason  of  any  such  default,  miscon- 
duct, accident  or  danger,  and  if  any  judgment  for  damages  for 
any  loss,  default,  misconduct,  accident  or  injury  shall  be  recov- 
ered against  said  city,  the  recovery  thereof  and  the  judgment 
therefor  shall  be  final  as  between  said  city  and  said  grantee,  his 
successors  and  assigns,  and  conclusive  as  to  the  liability  of  the 
latter  to  the  former. 

Tenth — The  construction  of  said  railway  to  commence 
within  ninety  days  after  the  passage  of  this  ordinance,  and  said 
railway  shall  be  completed  and  the  same  equipped  in  first-class 
manner,  and  cars  running  thereon  from  the  city  limits  west  to 
the  Deep  Creek  mining  country  twelve  months  after  the  pas- 
sage of  this  ordinance. 

Eleventh — That  whenever  the  city  council  shall  find  it 
necessary  or  desirable  to  grant  to  any  other  steam  railroad  com- 
pany a  franchise  over  any  of  the  streets  herein  granted,  the 
grantee  herein  shall  allow  running  arrangements  over  grantee's 
tracks  to  such  other  company  upon  such  other  company  making 
equitable  payment  for  constructing,  maintaining  and  operating 
the  portion  of  said  grantee's  track  so  used. 

SEC.  2.  That  this  franchise  is  granted  for  the  full  term  of 
twenty  years  from  and  after  the  passage  of  this  ordinance. 

SEC.  3.  That  if  the  grantee,  his  successors  and  assigns, 
shall  fail  to  keep  and  perform  all  the  stipulations  of  this  ordi- 
nance, or  shall  fail  or  refuse  to  comply  with  all  the  rules,  regu- 


RAILROADS.  359 


lations  and  ordinances  of  Salt  Lake  City  relating  to  railroads 
and  the  running  of  the  same  within  the  city  limits,  which  are 
now  enacted  or  which  shall  hereafter  be  enacted,  then  the  city 
council,  after  sixty  (60)  days'  notice,  and  on  failure  on  the  part 
of  the  said  grantee  to  provide  a  remedy  or  make  satisfactory 
arrangements  therefor,  may,  by  a  majority  vote,  declare  the 
privileges  herein  granted  forfeited,  and  proceed  to  take  posses- 
sion of  the  said  road  and  control  the  same,  as  if  this  ordinance 
had  not  been  passed. 

SEC.  4.  If  this  grant,  with  the  terms  and  conditions  herein 
appended,  be  not  accepted  in  writing  by  the  grantee  within  sixty 
(60)  days  after  the  passage  of  this  ordinance,  the  same  shall  be 
void  and  of  no  effect. 

SEC.  5.     This  ordinance  shall  take  effect  from  its  passage. 

[November  10,  1891.] 


860  RECORDER. 


CHAPTER   XXXVI. 


RECORDER. 

Doty  of  Recorder— Records  and  Seal. 

SECTION  1.  It  shall  be  the  duty  of  the  recorder  to  keep 
the  records,  papers  and  seal  of  said  city,  and  record,  in  order  of 
date,  all  ordinances  and  resolutions  passed  by  the  city  council, 
in  a  book  to  be  kept  for  that  purpose.  He  shall  keep  in  a  sep- 
arate book  a  record  of  the  proceedings  of  said  council. 

[January  4,  1859;  February  4,  1888.] 

Pay  Over  Money— Oaths  and  Ronds. 

SEC.  2.  The  recorder  shall  pay  over  all  moneys  belonging 
to  the  city,  and  coming  into  his  hands  by  virtue  of  his  office,  to 
the  treasurer.  He  shall  have  power  to  administer  oaths  and  re- 
ceive and  approve  bonds.  He  shall  deliver  to  his  successor  in 
office  the  corporate  seal,  together  with  all  the  records  and  pro- 
ceedings of  the  city  council,  and  all  books  or  other  property  in 
his  possession  belonging  to  said  city. 

[January  4,  1859;  February  4,  1888.] 


EEPOKTS.  361, 


CHAPTER  XXXVII. 


REPORTS. 

Reports  to  Be  Made  to  Mayor  Annually. 

SECTION  1.  The  recorder,  treasurer,  marshal,  police  jus- 
tice, assessor  and  collector  of  water  rates,  attorney,  auditor  of 
public  accounts,  board  of  public  works,  board  of  public  health, 
chief  of  police,  chief  of  fire  department,  city  engineer,  city 
physician,  health  commissioner,  inspector  of  buildings,  inspector 
of  provisions,  jailer,  pound-keeper,  sealer  of  weights  and  meas- 
ures, sanitary  inspector,  se'xton,  superintendent  of  sewers,  su- 
perintendent of  water  works,  supervisor  of  streets,  watermaster 
and  weighmaster  shall,  on  or  before  the  first  meeting  of  the 
city  council  in  January  in  each  year,  make  an  annual  report,  in 
writing,  to  the  mayor,  which  reports  shall  show  for  each  depart- 
ment: First — The  moneys  received  and  disbursed,  if  any, 
during  the  year  last  past.  Second — The  business  done  or  labor 
performed  by  said  department  during  the  preceding  year,  and 
the  general  condition  of  such  department  at  the  close  thereof. 
Third — Such  recommendations  or  suggestions  as  may  be  deemed 
of  service  and  benefit  for  the  welfare  of  the  city.  Such  reports 
shall  comprise,  in  a  consolidated  form,  and  for  the  whole  year, 
the  substance  of  the  quarterly  or  other  reports  required  by 
other  provisions  of  these  revised  ordinances.  The  reports 
herein  provided  for,  or  portions  thereof,  as  may  be  deemed 
necessary  by  the  mayor,  shall,  with  his  own  annual  report, 
giving  a  general  summary  of.  the  city's  business  and  condition, 
and  such  recommendations  as  he  may  consider  advisable,  be 
submitted  to  the  city  council  on  or  before  the  first  day  of  Feb- 
.ruary  in  each  year. 

.[February  14,  1888.] 


' 


362  SALARIES. 


CHAPTER  XXXVIII. 


SALAKIES. 
The  Salaries  Fixed. 

SECTION  1.  The  salaries  of  the  eity  officers  and  employes 
of  Salt  Lake  City  be  and  the  same  are  hereby  fixed  as  follows 
for  the  term  of  office  to  which  each  of  them  may  have  been 
elected  or  appointed,  to- wit: 

Assessor  and  collector  to  be  fixed  each  year  on  his  making  re- 
turn of  assessment  roll. 

Assessor  and  collector's  chief  clerk,  $1,800  per  year. 

Assessor  and  collector's  assistant  clerk,  if  necessary,  $100 

per  month. 
Assessor  and  collector  of  water  rates,  $1,800  per  year. 

Deputy  assessor  and  collector  of  water  rates,  $75  per  month. 
Attorney,  $3,000  per  year. 

City  attorney's  assistant,  $1,500  per  year. 
Auditor,  $1,800  per  year. 

Auditor's  deputy,  $125  per  month. 

Board  of  health,  each  member  (exclusive  of  mayor,  health- 
commissioner  and  city  physician)  $5.00  for  each  meet- 
ing attended. 

Clerk  of  board  of  health,  $75  per  month. 

City  physician,  $1,000  per  year.. 

Health  commissioner,  $125  per  month. 
Board  of  public  works. 

Chairman,  $1,500  per  year. 

Each  member,  other  than  the  chairman,  $250  per  year. 

Clerk  of  the  board,  $75  per  month. 
Chief  of  fire  department,  $2,000  per  year. 

Assistant  chief,  $120  per  month. 

Engineers  of  steamers,  each  $105  per  month. 

Captains,  each  $100  per  month. 


SALAEIES.  363 


Secretary,  $100  per  month. 

Drivers,  $90  per  month. 

Tillerman,  $90  per  month. 

Belief  drivers,  pipemen,  laddermen  and  stokers,  each 
per  month. 

Electrician,  $25  per  month. 

Call  men,  $2.85  a  day,  for  each  day  of  actual  service. 
Chief  of  police,  $1,800  per  year. 

Captain  of  police,  $120  per  month. 

Duty  sergeants,  each,  $110  per  month. 

Mounted  police,  each,  $110  per  month. 

Patrolman,  first  year,  $90  per  month. 

Patrolman,  second  year,  $100  per  month. 

Special  policeman,  $3  per  day. 

Liberty  park  policeman,  $3  per  day. 

Desk  sergeant,  first  year,  $90  per  month . 

Desk  sergeant,  second  year,  $100  per  month. 
Councilmen,  $250  per  year,  $5  additional  for  each  special  meet- 
ing, and  $5  a  week  for  committee  work. 

County — In  the  year  1893,  and  annually  thereafter,  one-half  of 
one  per  cent,  on  the  taxes  collected  for  the  city  by  the 
county  collector,  which  shall  be  in  full  for  the  services 
and  compensation  of  the  county  assessor  and  the- 
county  collector. 
Engineer,  $3,000  per  year. 

First  assistant  engineer,  $150  per  month. 

Second  assistant  engineer,  $125  per  month. 

Chief  draughtsman,  $125  per  month. 

Assistant  draughtsman,  $100  per  month. 

Two  rodmen,  $75  per  month  each. 

Two  chainmen,  $65  per  month  each. 

One  inspector  of  sewers,  $140  per  month. 

One  clerk,  $100  per  month. 

Engineer  steam  road  roller,  $100  per  month  during  actual  ser- 
vice. 

Inspector  of  buildings,  fees  as  provided  in  section  13,  chapter  9- 
Inspector  of  provisions,  $100  per  month. 
Jailer. 

Jailer's  assistant,  $90  per  month. 


364  SALARIES. 


-Janitor  of  city  hall,  $75  per  month. 
Marshal,  $600  per  year. 
Mayor,  $2,500  per  year . 

Mayor's  clerk,  $60  per  month. 
Park-keeper,  $100  per  month. 
Police  justice,  $1,500  per  year. 

Police  court  clerk,  $1,200  per  year. 

Pound-keeper,  fees  as  provided  in  section  13,  chapter  15. 
Recorder,  $2,400  per  year. 

Recorder's  deputy,  11,200  per  year. 

Recorder's  clerk,  $1,000  per  year. 

Recorder's  typewriter  and  office  boy,  $600  per  year. 

Recorder's  deputy,  who  acts  as  collector  of  dog  taxes,  one- 
half  collections  and  fees  as  provided  in  section  3,  chap- 
ter 12. 

Sanitary  inspector,  $125  per  month. 

Sealer  of  weights  and  measures,  fees  as  provided  in  oection  4, 
chapter  40. 

Sexton,  $1,200  per  year  and  commission  of  20  per  cent,  on  all 

sales  of  burial  lots  in  the  city  cemetery. 
Superintendent  of  sewers,  $2,000  per  year. 

Engineer  of    sewer  pump,  $100  per  month  during  actual 

service. 
Assistant  engineer  of  sewer  pump,  $75  per  month  during  actual 

service. 

Superintendent  of  waterworks,  $2,000  per  year. 
Supervisor  of  streets,  $2,000  per  year. 
Treasurer,  $2,400  per  year. 

Deputy  treasurer,  $125  per  month. 
License  inspector,  $1,000  per  year. 
Watermaster,  $2,000  per  year. 

Watermaster's  foremen,  $900  per  year  each. 
Weighmaster,  chief  and  city  fees  as  provided  in  sections  1  and 

8,  ehapter  56. 

[April  1,  1890;  May  20,  1890;  May  29,  1890  ;  June  17, 1890; 
August  26,  1890;  October  21,  1890;  April  10,  1891;  February  17, 
1891;  May  6,  1892.] 


SEAL   OF   SALT   LAKE   CITY. 


365- 


To  Be  Paid  Monthly. 

SEC.  2.  Such  salaries  as  are  fixed  by  the  year,  month  or  day 
shall  be  paid  in  equal  monthly  installments  out  of  the  city  treas- 
ury at  the  end  of  each  month,  and  the  salaries  herein  fixed  shall 
remain  as  the  salaries  of  the  officers  and  employes  herein  namedi 
until  changed  by  the  city  council. 

[May  6,1892.] 


CHAPTER  XXXIX. 


SEAL  OF  SALT  LAKE  CITY. 

Description  of*  Seal. 

SECTION  1.  That  the  seal  heretofore  provided  and 'used 'by 
and  for  Salt  Lake  City,  one  and  five-eighths  inches  in  diamateiy 
the  impression  of  which  is  a  representation  of  a- lamb  in  the 
center,  with  the  inscription  "Salt  Lake  City  Seal,  IF.  T."  around 
the  outer  edge  thereof,  shall  be  and  is  hereby  established,  and- 
declared  to  have  been,  now  is,  and  hereafter  to  be,;the  seal.  of. 
Salt  Lake  City. 

[June  9,  I860.] 


366  SEALER   OF   WEIGHTS   AND   MEASURES. 


CHAPTER  XL. 


SEALEK  OF  WEIGHTS  AND  MEASUKES. 

Duty  of  the  Sealer. 

SECTION  1.  The  sealer  of  weights  and  measures  shall, 
twice  every  year,  at  intervals  not  exceeding  six  months,  and 
oftener  if  required,  examine  and  test  the  accuracy  of  all  weights, 
measures,  scales,  or  other  things  used  by  merchants  and  others 
for  weighing  and  measuring  anything  bought  or  sold  by  them; 
he  shall  stamp  with  a  suitable  seal,  to  be  prescribed  by  the 
mayor,  all  weights,  measures  and  scales  so  used,  which  he  may 
find  conformed  to,  or  which  he  may  cause  to  conform  to,  the 
standard  prescribed  by  the  laws  of  the  Territory,  and  shall  de- 
liver to  the  owner  thereof  a  certificate  of  the  accuracy  of  such 
weights  and  measures  as  shall  be  found  to  be  or  shall  be  ren- 
dered correct. 

[January  4,  1859;  February  14,  1888.] 

Record — False  Weights — Report  to  Recorder. 

SEC.  2.  It  shall  further  be  his  duty  to  register  the  names 
of  all  persons  whose  weights,  measures  or  scales  he  may  find  to 
be  accurate  or  may  cause  to  be  rendered  accurate,  and  of  all 
persons  who  fail  to  have  the  same  corrected  when  found  to  be 
incorrect.  He  shall  seize,  in  the  name  of  the  city,  all  false 
weights,  measures  and  scales  which  he  may  find,  and  whieh  the 
owner  shall  fail  to  have  made  conformable  to  the  provisions  of 
this  chapter,  without  delay,  and  shall  immediately  report  such 
persons  to, the  mayor;  he  shall  also  further  report,  in  writing, 
every  six  months,  to  the  city  recorder,  the  names  of  the  owners 
and  the  number  of  weights,  measures  and  scales  examined  and 
found  by  him  to  be  correct. 

[January  4,  1859;  February  14,  1888.] 


SEALEK   OF   WEIGHTS   AND   MEASURES.  367 

Weights  to  Be  Tested— False  Weights. 

SEC.  3.  All  persons  using  weights,  measures,  scales,  or 
other  things  for  weighing  or  measuring  any  article  bought  or 
sold  in  this  city,  shall  cause  the  same  to  be  examined,  tested 
and  sealed  as  hereinbefore  provided,  and  any  person  failing  so 
to  do  shall  be  liable  to  pay  a  fine  of  not  less  than  one  nor  more 
than  fifty  dollars  for  each  offense.  Any  person  using  any  false 
weights,  measures,  scales,  or  other  things  for  weighing  or 
measuring  any  article  bought  or  sold  in  this  city,  shall  be  liable 
to  a  fine  of  not  to  exceed  one  hundred  dollars. 

[January  4,  1859;  February  H,  1888.] 

Fees. 

SEC.  4.  The  sealer  of  "weights  and  measures  shall  b©  enti- 
tled to  receive  for  each  examination,  testing,  sealing  and  certify- 
ing, as  hereinbefore  required,  the  following  fees,  which  shall  be 
collected  from  the  owner  or  owners  of  the  weights,  measures, 
scales  or  other  articles  inspected : 

Any  steelyards,  or  beam,  ground,  floor,  platform,  counter 
or  other  scales  by  which  may  be  weighed  not  exceed- 
ing two  hundred  and  sixty  pounds $0.25 

Any  such  instrument  by  which  may  be  weighed  over  two 

hundred  and  sixty  and  less  than  six  hundred  pounds,  .50 
Over  six  hundred  and  less  than  twelve  hundred  pounds,  .75 

Over  twelve  hundred  pounds 1.00 

For  any  yard  stick,  dry  or  liquid  measure 10 

Any  nest  or  set  of  measures 25 

And  the  weights  attached  to  any  scale  shall,  as  to  the  compen- 
sation of  the  sealer  of  weights  and  measures,  be  considered  a 
part  of  the  scales ;  Provided,  that  where  any  such  weight, 
measure  or  instrument,  previously  inspected,  shall,  upon  subse- 
quent examination,  be  found  correct,  and  shall  not  be  required 
to  be  stamped  a  second  time,  the  aforesaid  sealer  of  weights  and 
measures  shall  not  receive  any  compensation  therefor. 
[January  4,  1859.] 

Extra  Compensation— Lien  on  Article. 

SEC.  5.  The  sealer  of  weights  and  measures  shall  examine 
and  test  any  of  the  before  mentioned  instruments  for  weighing 


368  SEWEES. 

or  measuring,  on  application  by  any  person  who  shall  tender  to- 
him  the  fee  which,  by  the  preceding  section,  he  is  authorized  to- 
receive,  and  he  shall,  in  every  case  where  he  may  employ  labor 
or  material  in  making  accurate  any  weight  or  measure,  be  enti- 
tled to  extra  compensation  therefor,  and  to  retain  the  article- 
upon  which  such  labor  or  material  has  been  employed  until 
such  compensation  be  paid. 
[January  4,  1859.] 


CHAPTER  XLL 


SEWEES. 
Duty  of  the  City  Council. 

SECTION  1.  Whenever  the  city  council  shall  deem  it  expe- 
dient or  necessary  to  construct  or  repair  any  sewer,  sewers  or 
drains,  said  council  shall  determine  the  character,  quality,  ex- 
tent and  location  of  such  improvements,  determine  and  define- 
the  boundaries  of  the  district  or  division  of  the  city  where  such 
sewer,  sewers  or  drains  are  to  be  constructed  or  repairs  are  to- 
be  made,  and  the  property  specially  to  be  benefited  or  affected 
by  the  same;  the  council  shall  determine  whether  the  whole,  or 
if  not,  what  proportion,  of  the  cost  of  such  improvement  shall 
be  defrayed  by  local  assessment,  by  an  order  entered  of  record 
by  said  council. 

[May  27,  1892.] 

Engineer  to  Make  Estimate  of  Cost. 

SEC.  2.     The  city  engineer  shall  make  an  estimate  of  the 
probable  cost  of  such  improvement,  and  shall  report  the  same 


SEWERS.  369 


to  the  city  council  when  completed;  such  estitnate  shall  show 
the  cost  of  such  improvement  per  front  foot  or  square  foot  of 
the  blocks,  lots,  or  parts  thereof,  and  lands  affected  or  benefited 
by  such  improvements. 
[May  27,  1892.] 

Notice  of  Intention. 

SEC.  3.  The  city  council  shall  then  give  a  notice  of  its  in- 
tention to  make  the  improvement  and  defray  the  expenses 
thereof,  in  whole  or  in  part,  by  local  assessment,  as  the  city 
council  shall  have  previously  determined,  describing  the  pro- 
posed improvement,  the  boundaries  of  the  district  or  division,, 
or  the  part  thereof  to  be  improved  and  assessed,  and  to  be 
affected  and  benefited  by  the  same,  the  estimated  cost  thereof,, 
and  designating  the  time  in  which  the  abutting  property  owners- 
may  protest  against  such  improvement,  by  a  notice  to  be  pub- 
lished at  least  twenty  days  in  a  newspaper  published  and  having 
a  genera1  circulation  within  the  city,  which  notice  shall  be  sub- 
stantially in  the  following  form: 

Notice  is  hereby  given  by  the  city  council  of  Salt  Lake 
City  of  the  intention  to  make  the  following  described  improve- 
ment, to- wit : 

and  defray  the of  the  cost  thereof, 

estimated  at  $ by  a  local  assessment  on 

the  blocks,  lots,  parts  of  lots  and  pieces  of  ground  within  sewer 

district  No ,  being  the  property,  lots,  parts  of  lots  and 

pieces  of  ground  in  said  district  to  be  affected  or  benefited  by 
said  improvement,  namely : 

All  protests  and  objections  to  the  carrying  out  of  such  in- 
tention to  make  said  improvement  must  be  presented  in  writing 

to  the  city  recorder  on  or  before  the day  of , 

189 . . ,  being  the  time  set  by  the  said  council  when  it  will  hear 
and  consider  such  objections  as  may  be  made  thereto. 

By  order  of  the  city  council  of  Salt  Lake  City,  Territory 
of  Utah. 

[May  27,  1892.] 

Objections— Board  of  Equalization. 

SEC.  4.  After  the  expiration  of  the  twenty  days'  publica- 
tion aforesaid,  the  city  recorder  shall  report  to  the  city  council 

24 


- 


370  SEWERS. 


«,s  to  whether  or  not  written  objections  to  such  improvements, 
signed  by  the  owners  of  one-half  of  the  front  foot  of  the  prop- 
erty abutting  on  that  portion  of  the  street,  lane,  avenue  or  alley, 
or  of  the  property  through  which  such  sewer  or  drain  is  to  be 
constructed  or  repaired,  and  if  it  appear  from  said  report  that 
the  owners  of  one-half  of  such  property  have  not  protested 
against  the  making  of  such  improvements,  the  council  shall  be 
deemed  to  have  acquired  jurisdiction  to  order  the  making  of 
isuch  improvements,  and  may  proceed  to  fix  a  day  when  they 
"will  sit  as  a  board  of  equalization,  by  giving  public  notice  of 
the  time  of  such  sitting  in  some  newspaper  published  in  this 
city  for  at  least  five  days  before  the  day  so  fixed.  If  the  coun- 
cil determines  to  proceed  with  the  improvement,  it  shall  make 
an  order,  which  shall  be  entered  on  the  record  of  its  proceed- 
ings, authorizing  and  directing  the  work  to  be  done  and  im- 
provements made,  under  the  supervision  of  the  board  of  public 
works,  and  shall  thereupon,  sitting  as  a  board  of  equalization, 
apportion  and  assess  the  cost  of  the  improvements  or  the  part 
thereof  as  specified  in  the  notice  upon  the  blocks,  lots,  or  parts 
thereof,  and  pieces  of  land  embraced  within  the  district  or  part 
of  the  district  to  be  improved,  such  apportionment  to  be  in 
accordance  with  the  square  foot,  front  foot  or  otherwise,  as  such 
board  shall  direct,  and  estimate  the  special  benefits  to  sueh 
property  by  reason  of  the  improvements,  as  may  be  determined 
to  be  just. 

[May  27,  1892.] 

Ordinance  JLevying  the  Tax. 

SEC.  5.  The  council  shall  thereupon  make  an  ordinance 
levying  the  tax  and  for  the  assessment  of  the  property,  in  ac- 
cordance with  the  apportionment  and  determination  of  the 
board  of  equalization  in  such  district.  The  ordinance  shall  also 
designate  the  boundaries  of  the  district  embracing  the  property 
to  be  taxed. 

[May  27,  1892.] 

Duty  of  Assessor  and  Collector. 

SEC.  6.  A  copy  of  the  ordinance,  certified  by  the  recorder, 
under  the  corporate  seal  of  the  city,  shall  be  delivered  to  the 


SEWERS.  371 

city  assessor  and  collector,  who  shall  immediately  proceed  to 
list  and  assess  the  property  according  to  the  apportionment  set 
forth  in  said  ordinance,  stating  the  n.ame  of  the  owner,  or  if  un- 
known, then  so  stating,  the  number  and  dimensions  of  "each  lot 
or  piece  of  ground,  and  the  amount  of  tax  levied  thereon,  but  it 
shall  be  sufficient  to  describe  the  lot  or  piece  of  ground  as  the 
same  is  platted  and  recorded.  He  shall  also  make  a  plat  to 
accompany  said  list,  showing  the  location  of  the  improvement 
and  the  position  of  the  respective  lots  or  pieces  of  ground 
assessed  with  reference  to  the  same,  and  shall  return  and  lodge 
said  list  and  plat  when  completed,  with  the  recorder,  within  ten 
days  after  the  receipt  of  said  order,  or  such  further  time  as  the 
council  may  allow.  The  city  assessor  and  collector  shall  be 
present  at  the  sessions  of  said  board,  and  note  upon  said  list 
such  corrections  and  changes  as  may  be  ordered  by  the  board, 
and  when  said  list  is  completed  the  council  shall  make  an  ordi- 
nance confirming  the  assessment  as  set  forth  in  the  list  as  cor- 
rected by  the  board  of  equalization,  a  copy  of  which  ordinance, 
certified  by  the  recorder  under  corporate  seal,  together  with 
such  corrected  list,  shall  be  delivered  to  the  assessor  and  col- 
lector, and  shall  constitute  his  warrant  for  the  collection  of  said 
taxes.  Such  taxes  shall  be  due  and  payable  sixty  days  after  the 
date  of  the  ordinance  confirming  the  assessment,  and  any  and 
all  such  taxes  remaining  unpaid  at  the  expiration  of  said  sixty 
days  shall  be  deemed  delinquent. 
[May  27,  1892.] 

Five  Days'  Notice. 

SEC.  7.  Said  assessor  and  collector,  upon  receipt  of  the 
certified  copy  aforesaid,  shall,  without  delay,  give  at  least  five 
days'  notice  in  one  or  more  newspapers  having  general  circula- 
tion in  Salt  Lake  City,  of  the  time  when  such  tax  shall  become 
delinquent. 

[May  27,  1892.] 

How  Assessment  Collected. 

SEC.  8.  Upon  the  receipt  of  the  correct  list  and  ordinance 
confirming  the  assessment  aforesaid,  the  assessor  and  collector 
shall  collect  the  assessment  in  like  manner  as  other  city  taxes, 


372  SEWERS. 


and  shall  furnish  to  each  taxpayer  or  leave  at  his  place  of  busi- 
ness (if  known)  a  notice  of  the  amount  of  tax  assessed  against 
him  and  when  and  where  payable. 
[May  27,  1892.] 

Payments  to  City  Treasurer. 

SEC.  9.  The  assessor  and  collector  shall  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  at  the  end  of  each 
month,  or  sooner  if  required  by  the  council. 

[May  27,  1892. J 

District  Number  One. 

SEC.  10.  Sewer  district  No.  1  is  hereby  created  and  estab- 
lished, with  the  following  boundaries,  to-wit :  Beginning  at 
the  intersection  of  the  center  lines  of  South  Temple  and  Second 
East  streets,  thence  running  south  along  said  center  line  of 
Second  East  street  to  the  center  line  of  Fourth  South  street ; 
thence  west  along  said  center  line  of  Fourth  South  street  to  the 
center  line  of  First  West  street ;  thence  north  along  said  center 
line  of  First  West  street  to  the  center  line  of  North  Temple 
street ;  thence  east  along  said  center  line  of  North  Temple 
street  to  the  center  line  of  State  street ;  thence  south  along  said 
center  line  of  State  street  to  the  center  line  of  South  Temple 
street ;  thence  east  along  said  centre  line  of  South  Temple 
street  to  the  place  of  beginning. 

District  Number  Two. 

SEC.  11.  The  following  described  territory  in  said  city 
shall  constitute  sewer  district  No.  2,  viz  :  Commencing 
at  the  center  of  the  intersection  of  State  street  with  South 
Temple  street  of  said  city,  thence  east  on  and  with  the 
center  of  said  South  Temple  street  to  a  point  165  feet  east 
from  the  southwest  corner  of  lot  2,  in  block  5  of  plat  "D;" 
thence  north  to  the  center  of  said  block  5,  thence  west  through 
the  center  of  blocks  Nos.  5,  6,  7,  8,  9,  10,  11,  12,  13  and  14  of 
said  plat  "D,"  and  block  No.  1  of  plat  "I"  of  said  city,  and  to 
the  center  of  said  State  street,  and  thence  south  to  the  place  of 
beginning. 

[September  29,  1891.] 


SEWERS.  373 


District  Number  Three. 

SEC.  12.  Sewer  district  No.  3,  of  Salt  Lake  City,  is  hereby 
created  and  established  with  the  following  boundaries,  to-wit: 
Commencing  at  the  terminus  of  the  sewer  as  now  laid  on  Canon 
street,  and  running  thence  north  along  said  street  to  the  center 
of  block  three  (3),  plat  "I,"  midway  between  Second  and  Third 
streets,  thence  east  along  the  tier  of  blocks  between  said  streets 
to  the  center  of  block  thirty-three  (33),  plat  "D,"  midway  be- 
tween Second  and  Third  streets,  thence  south  to  center  of 
block  five  (5).  plat  "D,"  to  north  line  of  South  Temple 
street  sewer,  thence  west  along  said  line  of  sewer  to  line  of 
State  street  and  Canon  street  sewer,  thence  northerly  along  said 
last  mentioned  sewer  line  to  place  of  beginning. 

[January5,  1892.] 

District  Number  Four. 

SEC.  13.  Sewer  district  No.  4  is  hereby  created  with 
boundaries  as  follows,  to-wit:  Beginning  at  the  intersection  of 
the  center  lines  of  Second  East  and  Fifth  South  streets  and  run- 
ning thence  east  along  the  center  line  of  Fifth  South  street 
9,110  8-10  feet  to  the  west  boundary  line  of  the  Fort  Douglas 
military  reservation,  thence  north  along  the  west  boundary 
line  of  said  reservation  3,957  feet  to  the  center  line  of  South 
Temple  street  ;  thence  west  along  the  center  line  of  South 
Temple  street  9,J.06  9-10  feet  to  the  center  line  of  Second  East 
street;  thence  south  along  the  center  line  of  Second  East  street 
3,959  5-10  feet  to  the  place  of  beginning. 

[May  9,  1892.] 

District  Number  Five. 

SEC.  14.  Sewer  district  No.  5  is  hereby  created  with 
boundaries  as  follows,  to-wit:  Beginning  at  the  intersection  of 
the  center  lines  of  Fifth  South  and  First  West  streets  and  run- 
ning theiice  north  along  the  center  line  of  First  West  street, 
4,762  1-10  feet  to  the  center  line  of  North  Temple  street;  thence 
west  along  the  center  line  of  North  Temple  street  2,375  7-10 
feet  to  the  center  line  of  Fourth  West  street;  thence  south  along 
center  line  of  Fourth  West  street  4,762  8-10  feet  to  the  center 


374  SEWERS. 


line  of  Fifth  South  street;  thence  east  along  the  center  line  of 
Fifth  South  street  2,375  8-10  feet  to  the  place  of  beginning. 
[May  9,  1892.] 

IHstrict  \  ii  in  IMT  Six. 

SEC.  15.  The  territory  lying  between  Fourth  and  Fifth 
South  streets  and  Second  East  and  First  West  streets  of  said 
city,  to- wit:  Blocks  38,  39,  40  and  41,  as  platted  in  plat  "A"  of 
said  Salt  Lake  City  be,  and  the  said  territory  and  blocks  are 
hereby  made  and  established  sewer  district  No.  6. 

[May  10,  1892.] 

Superintendent  of  Sewers. 

SEC.  16.  The  entire  sewer  system  and  all  appurtenances 
shall  be  under  the  immediate  control  of  the  superintendent  of 
sewers,  who  shall  be  responsible  for  the  proper  care  and  efficient 
operation  thereof. 

Injnry  to  Sewer,  etc.— Sight  Soil,  etc. 

SEC.  17.  No  person  or  corporation  shall  injure,  break  or 
remove  any  portion  of  any  manhole,  lamphole,  flush  tanks  or 
any  part  of  the  public  sewers ;  or  do,  or  cause  to  be  done,  any 
injury  of  any  kind  in  any  manner,  to  the  pumping  station, 
buildings,  the  engines  and  pumps  or  any  connections  therewith, 
to  the-  stand  pipe,  force  main,  outlet  pipe  or  to  any  other  of  the 
appliances  or  parts  of  the  public  sewers;  nor  shall  any  person 
or  corporation  empty  or  discharge  into  the  public  sewers, 
through  any  manhole,  tank  or  other  opening,  any  night  soil 
garbage  or  other  similar  or  objectionable  matter. 

[July  15,  1890.] 

Man-Hole  Covers  to  Be  Locked. 

SEC.  18.  All  sewer  man-hole  covers  shall  be  securely  locked 
and  the  keys  thereof  placed  in  the  custody  of  the  superintendent 
of  sewers;  and  it  shall  be  unlawful  for  any  one  to  unlock  or  re- 
move any  man-hole  cover  without  permission  from  the  superin- 
tendent of  sewers. 


SEWERS.  375 

Permits  to  Construct  Drains. 

SEC.  19.  Drains  for  the  purpose  of  removing  sewage  from 
the  premises  of  individuals  or  of  corporations  within  the  limits' 
of  Salt  Lake  City  shall  be  constructed,  and  will  be  allowed  to 
connect  with  the  public  sewer  only,  under  a  strict  compliance 
with  the  following  requirements  : 

The  work  shall  be  done  by  those  persons  only  who  have 
been  duly  licensed  as  drain-layers  or  plumbers,  whose  licenses 
have  not  expired,  and  who  are  under  approved  bonds  for  the 
faithful  performance  of  the  work,  in  the  manner  prescribed  by 
ordinance. 

It  shall  be  unlawful  for  any  drain-layer,  plumber,  property 
owner,  agent  or  other  person  or  corporation  to  begin  the  work 
of  laying,  repairing,  altering  or  of  connecting  with  the  public 
sewer  any  drain  within  the  limits  of  Salt  Lake  City,  without 
first  having  obtained  a  written  permit  so  to  dp  from  the  city 
engineer,  which  permit  must  be  on  the  ground  during  the  whole 
time  the  work  is  in  progress,  and  shall  be  exhibited  to  any 
policeman  or  other  person  who  may  ask  to  see  it.  And  for  each 
permit  issued  the  city  engineer  shall  collect  one  dollar,  which 
shall  be  paid  into  the  city  treasury  by  him. 

Applications  for  Permits— Plans. 

SEC.  20.  All  applications  for  permits  must  be  made  in 
writing  and  signed  by  the  owner  of  the  property  to  be  drained, 
or  his  authorized  agent,  and  must  be  accompanied  by  a  plan, 
showing  the  whole  course  of  the  drain  which  it  is  desired  to 
construct,  together  with  the  size  of  the  same  and  the  size  and 
location  of  any  and  all  branches  to  be  connected  therewith  ; 
said  plan  or  copy  thereof  to  be  left  with  the  application  in  the 
office  of  the  city  engineer. 

[July  15,  1890  ;  September  9,  1890.] 

Certain  Connections  With  Drains  Prohibited. 

SEC.  21.  No  person  or  corporation  shall  allow  or  cause  to 
be  connected  with  any  drain  which  discharges  into  the  public 
sewer,  any  rain-water  conductor  or  any  cellar  or  surface-water 
drains.  Nor  shall  the  contents  of  any  spring,  creek,  ditch  or 


- 


376  SEWERS. 


other  water  course  be  discharged  into  the  public  sewer,  without 
a  special  permit  in  writing  from  the  city  engineer. 
'[July  15,  1890.] 

No  Pipes  Within  Two  Feet. 

SEC.  22.  In  no  case  shall  any  gas  or  water  pipe,  or  other 
conduit,  be  laid  nearer  than  two  (2)  feet  on  either  side  of  any 
public  sewer  without  a  special  permit  in  writing  from  the  city 
engineer. 

[July  15,  1890.] 

Character  of  Drain  Pipe  and  Fittings. 

SEC.  23.  Except  in  cases  where  a  special  permit  shall  have 
been  obtained  from  the  city  engineer,  all  drain  pipes  shall  be 
of  cast  iron,  which  shall  be  sound,  free  from  holes  or  cracks, 
and  of  the  grade  known  to  commerce  as  extra  heavy.  The  fol- 
lowing weights  •  per  lineal  foot  will  be  accepted  as  complying 
with  the  requirements  of  this  chapter: 

4  inches,  13  pounds  per  lineal  foot. 

5  inches,  17  pounds  per  lineal  foot. 

6  inches,  20  pounds  per  lineal  foot. 

And  all  fittings  used  in  connection  with  such  pipe  shall  corre- 
spond with  it  in  weight  and  quality.  All  such  drain  pipes  shall 
be  not  less  than  four  inches  nor  more  than  six  inches  internal 
diameter,  and  there  shall  not  be  in  any  such  drains  any  trap, 
valve  or  other  obstruction  to  prevent  or  retard  the  free  passage 
of  air  or  sewage.  The  joints  of  all  pipe  shall  be  of  lead,  and 
shall  be  thoroughly  calked.  Oakum  gaskets  shall  be  used  in 
all  the  joints  in  such  manner  as  to  prevent  the  lead  from  being 
forced  through  and  forming  projections  on  the  interior  of  the 
pipe.  All  pipe  must  be  sound  and  of  uniform  size  and  quality 
throughout,  laid  on  a  uniform  grade  of  not  less  than  1  in  60, 
and  as  nearly  straight  as  possible.  All  changes  in  direction 
must  be  made  by  means  of  properly  curved  pipes  of  not  more 
than  one-eighth  bend. 

Depth  of  Earth  on  Pipes. 

SEC.  24.  All  pipes  must  be  covered  with  at  least  eighteen 
inches  in  depth  of  earth,  which  for  the  first  six  inches  in  depth 


SEWERS.  377 

shall  be  free  from  stones  or  rubbish,  and  the  entire  back  filling 
must  be  thoroughly  rammed. 

Excavations— Open  Forty-eight  Hours—Barricades. 

SEC.  25.  Excavations  made  in  the  streets  or  other  public 
ways,  for  the  purpose  of  connecting  drain  pipes  with  the  sewer, 
shall  not  remain  open  more  than  forty-eight  hours,  within 
which  time  the  street  surface  must  be  restored  to  its  original 
condition;  and  every  precaution  must  be  taken  to  prevent  the 
obstruction  or  disturbance  of  any  gutter,  drain,  gas,  water  or 
other  pipe  or  conduit,  or  the  injury  or  destruction  of  property 
of  any  kind;  and  every  care  must  be  taken  to  prevent  accident 
by  the  erection  of  proper  and  sufficient  barricades  and  signals 
during  the  execution  of  the  work. 

Settlement  in  Surface  of  Ground. 

SEC.  26.  Any  settlement  that  occurs  in  the  surface  of  the 
ground,  through  the  laying  of  any  drain,  and  within  sixty  days 
from  the  inspection  of  the  work,  as  hereinafter  provided,  shall 
be  repaired  at  the  expense  of  the  owner  of  the  property  from 
which  such  drain  has  been  laid. 

[July  15,  1890.] 

Assessment  Must  Be  Paid. 

SEC.  27.  If  the  property  to  be  drained  by  a  proposed 
private  drain  or  connection  has  ever  been  assessed  for  the  con- 
struction of  said  drain,  or  its  connection  with  any  public  or  dis- 
trict sewer,  no  permit  can  be  issued  until  such  assessment  has 
been  paid;  nor  during  the  construction  of  any  district  sewer, 
and  prior  to  the  assessment  of  the  cost  thereof,  can  a  permit  be 
issued  for  the  construction  of  any  private  sewer,  to  drain  any 
lot  of  ground  within  said  district,  or  to  connect  the  same  with 
any  public  or  district  sewer,  unless  the  contractor  of  said  dis- 
trict sewer  shall  first  join  with  the  owner  of  the  lot  in  making 
application  for  the  permit  to  issue,  and  waive  all  claim  for 
damage  thereby;  or  unless  such  owner,  failing  to  obtain  such 
concurrence  of  the  contractor,  shall  first  pay  into  the  treasury, 
on  account,  a  sum  of  money  equal  to  ten  per  cent,  above  the 


378  SEWERS. 

assessment  of  the  lot  of  ground  to  be  drained,  based  on  the 
estimate  of  cost  made  by  the  city  engineer,  with  the  provision 
that  on  completion  of  the  district  sewer  in  that  district,  and  the 
assessment  of  actual  cost  according  to  law  is  made,  any  defi- 
ciency between  the  amount  paid  and  the  amount  assessed  shall 
be  made  good.  Any  excess  of  the  amount  paid  in,  over  the 
amount  afterwards  actually  determined,  shall  be  refunded  to  the 
said  owner,  or  credited  to  his  account  in  the  manner  of  other 
similar  assessments  not  fully  paid. 
[July  15,  1890.] 

Plans  to  Be  Approved—  Right  of  Entry. 

SEC.  28.  Any  proposed  private  drain  of  a  length  of  one 
thousand  feet  or  over  must,  before  a  permit  can  be  issued  there- 
for, have  been  approved  in  its  plan  by  the  committee  on  sewers, 
and  an  amount  of  money  deposited  in  the  city  treasury  suf- 
ficient, in  the  opinion  of  the  city  engineer,  to  see  the  work 
properly  done;  and  the  right  of  free  entrance  into  and  upon 
the  property  and  premises  drained  into  any  public  or  district 
sewer,  by  any  proper  city  employe"  or  agent,  for  the  purpose  of 
examining  or  inspecting  the  condition  of  such  drain,  shall 
always  be  afforded  at  any  and  all  times. 

[July  15,  1890.] 

Uotice  to  Engineer— Inspector  Detailed. 

SEC.  29.  Any  person  or  corporation  holding  a  permit  to 
lay  a, private  drain  must,  before  laying  any  pipe,  give  at  least 
eighteen  hours'  notice  at  the  office  of  the  city  engineer  of  the 
time  when  he  will  be  ready  to  begin,  and  he  must  not  proceed 
with  any  work  of  that  kind  until  the  inspector  is  on  the  ground. 
If  prevented  from  working  at  the  time  set,  the  drain-layer  must 
report  the  facts  to  the  city  engineer  and  appoint  another  time 
for  doing  the  work.  Any  work  done  without  notice  to  the  city 
engineer  or  without  inspection  shall  be  treated  as  defective 
work,  and  may  be  uncovered,  and,  if  need  be,  reconstructed  by 
said  engineer  at  the  expense  of  the  drain-layer  to  whom  the 
permit  was  granted; 

[July  15,  1890.] 


SEWERS.  379 

How  Junction  Pieces  to  Be  Set. 

SEC.  30.  Unless  special  permission  is  endorsed  on  the  per- 
mit, the  junction  pieces,  slants  or  Ys,  which  have  been  built 
into  the  sewer  during  the  construction,  must  be  used  for  con- 
necting all  private  sewers  or  house  drains.  In  making  such 
connections,  the  junction  pieces,  slants  or  Ys  must  first  be  found 
before  opening  the  trench  for  the  rest  of  the  work. 

In  all  cases,  the  trench  must  be  opened  of  ample  width  at 
the  point  of  connection  ;  all  rubbish  removed,  so  as  to  admit  of 
easy  inspection,  and  the  actual  connection  with  the  said  junc- 
tion piece,  slant  or  Ys  be  made  in  the  presence  of  the  inspector. 
The  cover  of  the  "Y"  branch  on  the  sewer  should  be  carefully 
removed  so  as  not  to  injure  the  socket.  If  there  be  no  junction 
piece,  slant  or  Ys  in  the  sewer  already,  a  permit  to  cut  the  sewer 
will  be  granted  by  the  city  engineer  and  a  connection  may  be 
made  by  inserting  into  the  sewer  a  junction  pipe  of  the  size 
specified  in  the  permit  and  cut  to  an  angle  of  45  degrees  by  the 
manufacturer.  After  the  making  of  the  opening,  which  must 
be  done  with  great  care,  so  as  not  to  injure  the  sewer,  all  rub- 
bish must  be  removed  carefully  from  the  inside  of  the  sewer. 
The  junction  pipe  must  then  be  set  even  with  the  inside  of  the- 
sewer  on  a  bed  of  mortar,  and  the  opening  around  the  pipe 
carefully  repaired,  and  well  plastered  with  mortar  compounded 
of  equal  parts  of  Portland  cement  and  clean  sharp  sand.  In 
connecting  pipe  with  a  Y  junction,  care  must  always  be  used, 
and  the  main  sewer  left  in  as  good  condition  as  before  the  work 
was  done. 

[July  15,  1890.] 

Inside  of  Drain. 

SEC.  31.  The  inside  of  every  drain  connecting  with  a  public 
or  district  sewer,  after  it  is  laid,  must  be  left  smooth  and  per- 
fectly clean  throughout  its  entire  length,  and  the  ends  of  all 
pipes,  not  to  be  immediately  used,  must  be  securely  guarded 
against  the  introduction  of  sand  or  earth,  by  bricks  and  cement,, 
or  other  water-tight  and  imperishable  materials. 

[July  15,  1890.] 


380  SEWERS. 


\o  Work  Covered  Until  Inspected. 

SEC.  32.  Notice  must  be  left  at  the  office  of  the  city  engi- 
neer twenty-four  hours  prior  to  the  beginning  of  any  work  upon 
a  drain,-  and  no  materials  shall  be  used,  or  work  covered,  until 
inspected  and  approved  by  the  inspector. 

[July  15,  1890.] 

Permits  JIa  v  Be  Revoked. 

SEC.  33.  Permits  to  connect  with  the  main  sewer  may  be 
revoked  or  annulled  by  the  city  engineer  for  such  cause,  at  any 
time  as  he  may  deem  sufficient,  and  all  parties  in  interest  shall  be 
held  to  have  waived  the  right  to  claim  damages  on  account  of 
such  revocation. 

[July  15,  1890.] 

When  Permits  Will  Be  Issued. 

SEC.  34.  Permits  to  make  connections  with  the  public  sew- 
ers will  be  issued  only  when  the  plumbing  in  the  house  or 
building  to  be  connected  is  in  accordance  with  the  rules  for 
plumbing,  hereinafter  prescribed. 

[July  15,  1890.] 

Bnles  for  Honse  Drainage  and  Plumbing. 

SEC.  35.  The  following  rules  shall  be  observed  in  all 
plumbing  for  house  drainage  within  the  limits  of  Salt  Lake 
•City: 

Rule  "A" — Every  building  in  which  plumbing  arrange- 
ments are  constructed,  shall  be  separately  and  independently 
connected  with  the  city  sewer,  where  such  sewer  is  provided, 
and  when  it  is  not  provided,  with  a  cesspool  in  a  location  and 
with  a  capacity  to  be  approved  by  the  board  of  health;  and 
every  plumber  before  doing  any  plumbing  work  on  any  build- 
ing, or  before  any  additions  are  made  to  old  work,  excepting 
old  repairs  (and  repairs  are  defined  to  consist  of  mending  leaks 
in  drain,  soil,  waste  and  vent  pipes,  and  repairs  on  faucets, 
valves  and  water  supply  pipes  and  of  forcing  out  waste  pipes), 
shall  submit  a  plan  and  description  of  the  work  to  be  done 
-on  blanks  furnished  by  the  city  engineer,  which  shall  be  filed 


SEWERS.  381 

in  the  office  of  said  engineer,  and  no  such  work  shall  be  done 
until  such  plans  have  been  approved  and  a  written  permit  to  do 
the  work  issued  by  said  engineer ;  Provided,  that  in  buildings 
which  are  condemned  by  the  board  of  health  because  of  unsan- 
itary condition,  no  plumbing  shall  be  considered  as  coming 
under  the  head  of  repairs,  but  all  plumbing  shall  be  done  as  in 
the  case  of  new  buildings. 

All  work  done  on  such  plans  shall  be  subject  to  inspection, 
and  no  alteration  shall  be  made  in  any  plan  or  in  the  work 
without  first  obtaining  a  special  permit  in  writing  from  the 
city  engineer. 

And  for  such  permit  issued  to  any  person  or  corporation 
the  city  engineer  shall  collect  from  such  person  or  corporation 
one  dollar  ($1.00),  which  shall  be  paid  into  the  city  treasury  by 
him. 

Under  no  circumstances  shall  any  mechanic  doing  the 
work  of  plumbing  or  house  draining,  or  any  employe  of  such 
mechanic,  act  as  the  agent  of  the  engineer  or  inspector  to  per- 
form the  duties  prescribed  in  this  ordinance. 

Rule  "B."  All  pipes  from  the  sewer  to  the  top  of  the  soil 
pipe,  which  must  be  carried  to  a  point  at  least  twelve  inches 
above  the  highest  point  of  the  roof,  shall  be  fully  four  inches 
iu  interior  diameter  at  every  point,  and  no  vent  pipe  shall  ter- 
minate nearer  than  fifteen  feet  to  any  door  or  window  opening. 

Rule  "C."  No  trap  nor  any  manner  of  obstruction  to  the 
free  flow  of  air  through  the  whole  course  of  the  drain  and  soil 
pipe  will  be  allowed,  and  any  plumber  who  shall  directly  or  in- 
directly place  or  make  any  trap,  contraction  or  other  obstacles 
anywhere  in  the  course  of  such  drain  or  soil  pipe,  shall,  in  ad- 
dition to  the  penalty  herein  prescribed,  forfeit  his  license,  and 
shall  be  ineligible  to  re-license  for  one  year.  Any  other  person 
offending  as  above  shall  be  subject  to  the  penalties  of  this  ordi- 
nance, and  shall  in  addition  pay  the  cost  of  rectifying  the  wrong 
done. 

Rule  "D."  Every  sink,  urinal,  water-closet,  bath  tub,  basin, 
safe  or  other  fixtures,  shall  be  separately  trapped  as  near  the 
fixtures  as  possible,  and  all  flow  from  kitchen  sinks,  or  any 
greasy  flow  whatever,  shall  be  caused  to  pass  through  a  suitable- 
grease  trap,  approved  by  the  city  engineer  or  inspector. 


r . 


382  SEWERS. 

Rule  "E."  All  details  of  plumbing  work,  such  as  water- 
closets,  sinks,  etc.,  must  be  of  a  kind  and  quality  to  be  approved 
by  the  tfity  engineer  or  inspector. 

Rule  "F."  The  discretion  of  the  city  engineer  or  inspector 
in  approving  plans  and  accepting  work,  as  above,  shall  be  lim- 
ited by  the  following  requirements,  viz: 

First— No  water  closet  shall  be  set  up  in  any  house  or 
building  in  which  the  walls  are  not  fully  and  freely  washed  by 
the  normal  discharge  of  the  closet  at  each  operation  ;  nor  shall 
any  hopper  closet  be  set  up  which  has  a  trap  with  less  than  one 
and  three-fourths  (If)  inches  seal. 

Second — Every  trap  which  is  so  situated  as  to  be  sub- 
ject to  siphouage  by  momentum  or  suction  shall  be  of  a  kind 
that  cannot  have  its  seal  broken  by  a  siphonage,  and  shall  be 
vented. 

Third— All  soil  pipes  and  fittings  shall  be  of  cast  iron  of 
the  grade  known  to  commerce  as  extra  heavy,  and  shall  be  of 
the  following  weights  per  lineal  foot  : 

4  inch,  13  Ibs.  per  lineal  foot. 

5  inch,  17  Ibs.  per  lineal  foot. 

6  inch,  20  Ibs.  per  lineal  foot. 

And  shall  be  carried  full  size  (and  in  no  case  less  than  4  inches) 
up  through  the  house,  and  at  least  12  inches  above  the  highest 
point  of  the  roof,  and  left  without  cap  or  bend. 

Fourth — No  fixture  shall  be  trapped  by  having  its  outlet 
connected  with  the  trap  of  another  fixture. 

Fifth — No  connection  may  be  made  at  any  part  of  the  house 
drainage  system,  with  roof  gutters  or  any  other  channel  for  the 
conveyance  of  rain  water,  save  that  plumbing  fixtures  may  be 
.supplied  from  tanks  constructed  to  store  rain  water  for  such 
purpose. 

Sixth — All  pipes  must  be  as  direct  as  possible,  and  shall  be 
.so  arranged  that  they  may  at  all  times  be  readily  examined  and 
repaired.  Before  the  fixtures  are  placed  the  whole  system  of 
drain,  soil,  waste  and  vent  pipes  shall  be  hermetically  sealed; 
the  pipes  shall  then  be  filled  with  water  to  the  top,  and  every 
joint  shall  be  examined  for  leakage,  and  all  leaks  shall  be  se- 
curely closed  before  connections  are  made  with  the  sewer  or 
cesspool;  except  that  in  case  of  inspection  of  plumbing  already 


SEWERS.  383 


existing,  the  peppermint  or  smoke  test  may  b$  substituted  by 
the  engineer  or  inspector. 

Seventh — The  joints  of  all  pipes,  except  where  screw  joints 
are  used,  shall  be  made  with  an  oakum  gasket  and  soft  lead, 
thoroughly  caulked. 

Eighth — All  vent  pipes  and  fittings  shall  be  of  galvanized 
iron  or  of  cast  iron,  and  if  of  cast  iron,  it  shall  be  of  the  grade 
known  to  commerce  as  extra  heavy,  and  shall  be  of  the  follow- 
ing weights  per  lineal  foot: 

2  inches,    5^  Ibs.  per  lineal  foot. 

3  inches,    9^  Ibs.  per  lineal  foot. 

4  inches,  13    Ibs.  per  lineal  foot. 

And  all  fittings  used  with  such  pipe  shall  correspond  with  it  in 
weight  and  quality,  and  all  cast  iron  pipe  and  fittings  shall  be 
coated  inside  and  outside  with  coal  pitch  varnish. 

Ninth — The  drain  pipe  shall  not  be  laid  below  the  cellar 
floor,  except  it  be  absolutely  necessary.  It  should  be  fastened 
along  the  cellar  wall  or  hung  from  the  floor  timbers,  and  given 
a  grade  of  at  least  1  in  60,  and  more  if  possible. 

Tenth — All  changes  in  the  direction  of  the  drain  shall  be 
made  with  curved  pipes,  and  all  connections  with  Y's,  branches 
and  one-eighth  bends. 

Eleventh — Waste  pipes  from  safes,  refrigerators,  beer 
pumps,  water  tanks,  and  other  similar  fixtures,  or  from  recep- 
tacles in  which  provisions  are  stored,  shall  not  be  connected 
directly  to  the  drainage  system,  but  shall  discharge  into  an  open 
sink  or  tray,  which  shall  be  in  plain  sight.  This  sink  or  tray 
may  connect  with  the  drain  pipes  upon  being  properly  trapped 
like  any  other  fixture. 

Twelfth — All  connections  of  lead  pipes  shall  be  made  with 
wiped  joints. 

Thirteenth — All  connections  of  lead  with  iron  pipe  shall  be 
made  with  a  brass  sleeve  or  ferrule,  the  sleeve  to  be  tkoroughly 
calked  into  the  hub  of  the  iron  pipe  with  lead,  and  the  lead  pipe 
to  be  attached  to  the  sleeve  by  a  wiped  joint. 

Fourteenth — Water  closets  shall  not  be  flushed  by  direct 
service,  but  by  means  of  a  special  tank. 

Fifteenth — Waste  pipes  shall  in  all  cases  be  of  lead  or  cast 


384  SEWERS. 


iron,  and  of  the  following  sizes  for  each  of  the  following  named 
fixture : 

Bath  tub,  1^  inches. 

Sink,  1^  inches. 

Laundry  tub,  1^  inches. 

Urinal,  1^  inches. 

Wash  basin,  1^  inches. 

Slop  hopper,  2  inches. 

Sixteenth — The  vent  pipe  from  each  fixture  shall  in  all  cases 
be  of  the  same  size  as  the  waste  pipe  from  the  same  fixture; 
Provided,  that  when  more  than  one  fixture  shall  be  vented 
through  the  same  pipe,  the  size  of  such  pipe  shall  be  as  follows : 

For  more  than  1  and  not  to  exceed  2  fixtures,  1^  inches. 

For  more  than  2  and  not  to  exceed  3  fixtures,  2  inches. 

For  more  than  3  and  not  to  exceed  5  fixtures,  2^  inches. 

For  more  than  5  and  not  to  exceed  10  fixtures,  3  inches. 

Seventeenth — Vent  pipes  from  water  closet  traps  shall  not 
in  any  case  be  less  than  2  inches  in  diameter;  and  where  more 
than  one  closet  is  vented  through  the  same  pipe  the  size  of  such 
pipe  shall  be  as  follows: 

For  more  than  1  and  not  to  exceed  2  closets,  2  inches. 

For  more  than  2  and  not  to  exceed  4  closets,  2£  inches. 

For  more  than  4  and  not  to  exceed  8  closets,  3  inches. 
A  water-closet,  bath-tub  and  wash-basin  may  all  be  ventilated 
through  the  same  pipe,  but  in  all  such  cases  the  two-inch  vent- 
pipe,  which  is  common  to  such  fixtures,  shall  not  exceed  five 
feet  in  length,  unless  special  permission  in  writing  is  first  ob- 
tained from  the  city  engineer;  and  the  same  rule  shall  apply  in- 
cases where  a  water-closet  and  either  a  bath-tub  or  a  wash-basin 
are  vented  through  the  same  pipe. 

Eighteenth — All  vent-pipes  which  are  more  than  thirty 
feet  in  length  shall  be  increased  one-half  inch  in  diameter  for 
each  additional  length  of  not  less  than  ten  or  more  than  thirty 
feet. 

Nineteenth — In  no  case  shall  more  than  one  fixture  be 
drained  or  vented  through  a  one-and-one-quarter-inch  pipe,  nor 
shall  any  waste-pipe  of  one  and  one-quarter  inches  diameter 
exceed  twenty  feet  in  length. 

Twentieth — Trap- vents-  from  two  or  more  fixtures  must  be- 


SEWERS.  385 


connected  at  least  twelve  (12)  inches  above  the  top  of  fixtures, 
and  a  trap-screw  of  the  same  diameter  as  vent  wiped  into  it  and 
not  more  than  six  (6)  inches  above  the  connection  with  the  trap, 
and  the  use  of  solder  unions  is  strictly  prohibited. 

Twenty-first — All  pipes  are  to  be  so  arranged  that  they  may 
be  easily  examined  and  repaired  ;  when  they  are  necessarily  car- 
ried within  the  walls  of  partitions,  shall,  when  practicable,  be 
covered  with  woodwork  fastened  with  screws,  so  as  to  give 
ready  access  to  the  pipes. 

Twenty-second — All  exit  pipes  from  plumbing  fixtures,  ex- 
cept the  soil  pipes  from  the  water  closets,  shall  be  provided  with 
strong  metallic  strainers  securely  fastened. 

Double  hubs  are  prohibited  in  all  cast-iron  soil  and  waste 
pipes. 

Wooden  wash-trays  and  wooden  sinks  are  prohibited  inside 
of  buildings.  Such  fixtures  shall  in  all  cases  be  of  non-absorb- 
ent material. 

Except  in  pipes  which  are  vertical,  the  use  of  sanitary  ties  • 
is  prohibited. 

Twenty-third — Waste  pipes  from  bath-tubs  shall  be  con- 
nected to  drum-taps  having  trap-screws  not  less  than  four  inches 
in  diameter,  with  vent  attached,  and  put  as  close  to  bath-tub  as 
is  practical  and  accessible. 

Twenty-fourth — In  no  case  shall  any  vent  or  soil-pipe  be 
run  on  the  outside  of  any  building  without  a  special  permit 
from  the  city  engineer. 

[July  15,  1890.] 

Barry  Cleanonts. 

SEC.  36.  In  no  case  will  any  fixture  be  allowed  to  discharge 
into  the  bend  or  trap  of  a  water  closet.  In  all  drain  pipes  laid 
within  the  property  lines,  and  in  all  horizontal  soil  pipes  which 
are  four  inches  or  more  in  diameter,  there  shall  be  placed  every 
twenty-five  feet  apart  throughout  their  entire  length  either 
Barry  cleanouts,  or  Y  branches  with  brass  cleanouts  screws, 
which  shall  be  put  in  as  follows: 

First — In  buildings  having  basements,  and  which  are  built 
upon  or  near  the  property  or  street  line,  and  where  the  pipe  is 
exposed,  the  Barry  cleanouts  shall  be  used;  and  where  the  pipe- 

25 


* 


SEWERS. 


is  buried  below  the  basement  floor,  then  Y  branches  and  screws 
shall  be  used,  and  placed  so  that  the  screws  will  come  flush 
•with  the  basement  floor.  In  buildings  similarly  situated,  but 
having  no  basement,  Y  branches  and  screws  shall  be  used, 
placed  so  that  the  screws  will  be  flush  with  the  lower  floors  of 
such  buildings. 

Second — When  buildings  are  located  back  from  the  prop- 
erty or  street  lines,  a  Y  branch  and  screw  shall  be  placed  five 
feet  inside  of  the  property  or  street  line,  and  also  every  twenty- 
five  feet  apart  along  the  whole  length  of  the  pipe  between  the 
initial  Y  branch  and  the  building,  and  all  of  such  Y  branches 
shall  extend  up  to  and  be  finished  so  that  the  cleanout  screws 
will  be  flush  with  the  surface  of  the  ground. 

Third — When  buildings  are  drained  into  cesspools,  the 
same  rules  shall  be  followed  in  the  matter  of  cleanouts  as  here- 
inabove  prescribed,  except  that  the  initial  cleanout  shall  be 
located  just  within  the  foundation  walls. 

IX liausi   from  Steam  Engine,  etc. 

SEC.  87.  No  privy-vault,  cesspool,  exhaust  from  steam  en- 
gine or  blow-off  from  a  steam  boiler  shall  be  directly  connected 
with  a  public  sewer. 

[July  15,  1890.] 

final   Inspection  and  Approval. 

SEC.  38.  Upon  the  completion  of  any  work  done  under 
permits  issued  by  authority  of  this  ordinance,  the  drain-layer 
or  plumber  to  whom  such  permit  was  issued  shall  give  written 
notice  thereof  to  the  city  engineer,  and  thereupon  the  inspector 
shall  make  a  final  examination  of  the  whole  work,  and  if  found 
to  comply  with  the  requirements  of  this  ordinance,  he  shall  ap- 
prove the  same  and  shall  issue  a  certificate  therefor,  and  he 
shall  immediately  thereafter  endorse  on  the  application  upon 
which  the  permit  for  the  work  was  issued,  and  which  shall  be 
kept  on  file  in  the  city  engineer's  office,  the  date  of  such  final 
inspection  and  approval. 

Penalty  for  Violation. 

SEC.  39.  Any  person  or  persons  found  guilty  of  violation 
of  any  provision  of  this  chapter  shall,  upon  conviction  thereof, 


SEXTON.  387 

be  fined  in  a  sum  of  not  less  than  ten  ($10)  dollars  or  more 
than  one  hundred  ($100)  dollars  for  the  first  offense,  and  not 
less  than  twenty-five  ($25)  dollars  for  each  day  such  person  or 
persons  shall  continue  in  violation  thereof  after  due  notice  to 
cease  by  any  city  officer. 
[July  15,  1890.] 


CHAPTER  XLII. 


SEXTON. 

Registrar  of  Deaths— Statement. 

SECTION  1.  The  city  sexton  shall  be  registrar  of  deaths  for 
Salt  Lake  City,  and  before  burying  any  dead  body  in  any  of  the 
cemeteries  within  the  corporate  limits  of  said  city,  or  before 
transporting  beyond  the  corporate  limits  the  body  of  any  person 
that  has  died  therein,  the  relatives,  or  other  persons  having 
charge  of  said  body,  shall  be  required  to  furnish  in  writing  to 
said  sexton  a  statement  of  said  death,  which  shall  be  recorded 
by  him.  Said  statement,  as  well  as  the  record,  shall  include  the 
name  of  the  person  deceased,  with  the  names  of  his  or  her 
parents  or  other  relatives,  when  and  where  born,  the  date  of 
death,  and  the  cause  thereof,  together  with  the  name  of  the  at- 
tending physician,  if  any,  coroner  or  midwife;  also  the  date  of 
burial,  as  well  as  the  name  of  the  cemetery,  with  the  initial 
letter  of  the  plat,  as  well  as  the  number  of  block  and  lot  where 
said  person  is  buried,  or  if  transported  beyond  the  corporate 
limits  to  a  distance,  the  place  of  destination. 

[March  3,  1860;  February  14,  1888.] 


388  SEXTON. 

Duties  of  Sexton. 

SEC.  2.  It  shall  be  the  duty  of  the  sexton  to  take  charge 
of  the  city  cemetery,  and  improve  the  grounds  thereof,  subject 
to  the  approval  of  the  city  council;  to  dig,  or  cause  to  be  dug, 
all  graves  required  for  the  burial  of  the  dead  therein,  and  keep 
a  record  of  the  same,  as  provided  for  in  section  1  of  this  chapter. 

[February  14,  1888.] 

Sale  of  IrfOts— Certificate    Price. 

SEC.  3.  The  sexton  is  hereby  empowered  to  sell  lots  in 
said  cemetery  and  to  collect  before  occupancy  all  dues  arising 
from  such  sales,  and  all  moneys  so  collected  shall  be  by  him 
paid  into  the  city  treasury,  as  often  as  once  a  month,  less  20  per 
cent,  thereof  for  each  lot  sold,  which  he  may  retain  as  his  com- 
mission for  selling  and  collecting.  He  shall  give  to  each  pur- 
chaser a  certificate  for  each  lot,  or  part  of  lot  bought,  with  the 
price  thereof,  which  shall  describe  the  lot  so  bought,  and  he 
shall  keep  a  duplicate  of  said  certificate  and  record  the  same. 
The  price  of  lots,  the  size  being  sixteen  and  one-half  feet 
square,  shall  not  exceed  $100,  nor  shall  they  be  less  than  $12, 
the  cemetery  committee  being  empowered  to  regulate  the  price 
according  to  location,  subject  to  the  approval  of  the  city  coun- 
cil ;  and  all  lots  and  parts  of  lots  so  conveyed,  together  with  all 
improvements  thereon,  shall  be  exempt  from  taxation  (except 
for  water)  and  execution. 

[December  2,  1890.] 

Headboards  and  Tombstones— Fences  and  Grade. 

SEC.  4.  The  owners  of  lots,  or  relatives  of  deceased  per- 
sons buried  in  said  grounds,  are  hereby  required  to  erect  head- 
boards, tombstones  or  other  suitable  monuments  at  the  heads 
of  graves,  with  the  names  of  the  deceased  plainly  inscribed 
thereon  ;  and  if  any  person  neglects  or  fails  to  erect  such  head- 
boards, tombstones  or  other  suitable  monument  for  a  period  of 
three  months  from  the  date  of  burial,  the  sexton  shall  place 
suitable  headboards  in  their  proper  position  at  the  expense  of 
the  person  owning  or  burying  in  the  said  lot.  No  person  shall 
erect  a  fence,  corner  posts  or  other  boundary  mark  upon  any 
lot  or  lots  in  said  cemetery,  nor  grade  the  ground  or  land 


SEXTON.  389 

thereof,  except  under  the  direction  of  the_sexton,  who  shall  fur- 
nish the  true  lines  of  lots  according  to  official  survey,  and  shall 
prevent  and  prohibit  any  grading  that  would  destroy  the  sym- 
metry of  the  land. 

[February  14,  1888.]   ' 

Title— Permit— Disinter  men  t— Contagions  Disease. 

SEC.  5.  No  person,  or  persons,  shall  be  allowed  to  inter 
their  dead  in  said  cemetery  without  first  obtaining  a  title  from 
the  sexton  to  the  lot  in  which  they  bury,  or  if  they  do  not  own 
the  lot  they  shall  then  be  required  to  furnish  a  written  permit 
from  the  owner  thereof,  which  permit  shall  be  filed  with  the 
sexton  ;  and  no  person  shall  disinter  any  body  buried  in  said 
cemetery  except  under  the  direction  of  the  sexton  ;  and  before 
disinterment  the  sexton  shall  require  a  written  order  from  the 
owner  of  the  lot  authorizing  such  removal,  which  order  he  shall 
file  and  preserve,  and  all  such  removals  shall  be  recorded  by 
him  in  a  book  kept  for  that  purpose.  It  shall  be  unlawful  to 
remove  a  body  that  has  died  of  a  contagious  disease  within  two 
years  from  the  date  of  burial,  except  such  body  has  been  buried 
in  a  hermetically  sealed  coffin,  and  is  found  to  be  so  encased. 

[February  14,  1888.] 

Compensation  for  Services. 

SEC.  6.     The  sexton  is  hereby  authorized  to  collect  from 
those  requiring  his  services  not  more  than  the  following  com- 
pensations for  services  herein  named: 
For  digging  a  grave  four  feet  in  length  and  four  feet  six 

inches  deep $2.00 

For  digging  a  grave  six  feet  six  inches  in  length  and  five 

feet  six  inches  deep 3.00 

For  all  graves  over  six  feet  six  inches  in  length 4.00 

For  disinterring  bodies  from  a  grave  four  feet  in  length .  2.00 
For  disinterring  bodies  from  a  grave  six  feet  six  inches  in 

length 4.00 

For  disinterring  bodies   from  a  grave  over  six  feet  six 

inches  in  length 5.00 

For  recording  each  death  or  removal 25 

For  certificate  of  lot  purchased 50 

[February  14,  1888.] 


390  SEXTON. 

Penalty  for  Injuring  Cemetery  Property. 

SEC  .  7.  Any  person  who  shall  injure  or  deface  any  head- 
board, tombstone,  monument,  tree,  shrub,  or  any  other  prop- 
erty in  said  cemetery,  shall,  upon  conviction,  be  liable  to  a  fine 
in  any  sum  not  exceeding  one  hundred  dollars,  or  to  imprison- 
ment not  to  exceed  thirty  days,  or  to  both  such  fine  and  impris- 
onment. 

[February  14,  1888.] 

Burials  Mast  Be  in  Cemetery— Murderer. 

SEC.  8.  No  person  shall  be  allowed  to  bury  his  dead 
within  the  limits  of  the  city,  except  in  the  burying  grounds  lo- 
cated therein,  unless  by  permission  of  the  city  council,  and 
there  shall  not  be  interred  in  any  cemetery  within  the  corporate 
limits  of  said  city  the  body  of  any  person  known  to  the  law  as 
a  murderer. 

[February  22,  1864;  February  14,  1888.] 

Two  Streets  in  Cemetery. 

SEC.  9.  The  street  running  north  and  south  on  the  east 
side  of  plats  E,  F,  H  and  B,  in  the  city  cemetery  of  Salt  Lake 
City,  being  three  rods  in  width,  be,  and  is  hereby,  altered  and 
changed,  by  platting  one  rod  in  width  of  the  center  of  said 
street,  and  leaving  two  streets,  one  on  each  side  thereof,  each 
one  rod  in  width.  That  said  two  streets,  of  the  width  of  one 
rod  each,  are  hereby  dedicated  to  the  public  use,  and  the  one 
rod  in  width  between  said  streets  shall  become  a  part  of  the 
city  cemetery,  and  the  public  easement  thereon  is  hereby  abol- 
ished. 

[December  23,  1890.] 

Bate  of  Speed  for  Biding  and  Driving. 

SEC.  10.  Any  person  or  persons  who  shall  ride  or  drive 
within  the  limits  of  the  city  cemetery  faster  than  a  walk  shall, 
upon  conviction  thereof,  be  fined  in  any  sum  not  exceeding 
twenty- five  dollars. 

[Decembers,  1891.] 


SIDEWALKS. 


Penalty. 

SEC.  11.  Any  person  violating  any  provision  of  this  chap- 
ter, where  the  penalty  is  not  otherwise  provided  for,  shall  be 
liable  to  a  fine  in  any  sum  not  exceeding  one  hundred  dollars, 
or  to  imprisonment  for  any  term  not  exceeding  one  hundred 
days,  or  to  both  such  fine  and  imprisonment. 

[February  22,  1864;  February  14,  1888.] 


CHAPTER  XLIIL 


SIDEWALKS. 

Estimate  of  Cost — Protests. 

SECTION  1.  Whenever  the  city  council  shall  deem  it  neces- 
sary to  construct  or  repair  any  sidewalk,  or  any  portion  thereof, 
in  any  street,  avenue  or  alley  within  the  city  limits,  it  shall  de- 
termine the  character,  quality,  extent  and  location  of  such  pro- 
posed improvement,  and  cause  an  estimate  to  be  made  of  the 
cost  thereof,  determine  and  define  the  boundaries  of  the  district 
or  division  of  the  city  specially  to  be  benefited  or  affected  by 
the  same,  and  shall  include  in  such  district  only  blocks,  lots  and 
parts  thereof,  and  pieces  of  ground,  adjacent  to  or  abutting 
upon  the  sidewalk. 

The  council  shall  set  a  time  when  it  will  meet  to  hear  and 
consider  objections  or  protests  to  the  constructing  or  repairing 
such  sidewalk,  or  the  defraying  of  the  expense  of  the  same  by 
making  local  assessment.  The  final  action  of  the  council  in 
respect  to  matters  mentioned  in  this  section  shall  be  entered 
and  preserved  in  the  city  records. 

[May  6,  1890.] 


392  SIDEWALKS. 


Notice  of*  Intention. 

SEC.  2.  The  city  council  shall  next  cause  a  notice  of  its 
intention  to  make  the  improvement  and  defray  the  cost  and  ex- 
pense thereof  by  local  assessment,  describing  the  proposed  im- 
provement, the  boundaries  of  the  district  to  be  affected  or  ben- 
efited by  the  same,  the  estimated  cost  thereof,  and  designating 
the  time  set  for  the  hearing  mentioned  in  the  last  section,  to  be 
published  at  least  twenty  days  in  a  newspaper  published  and 
having  a  general  circulation  within  the  city,  which  notice  shall 
be  substantially  in  the  following  form: 

Notice  is  hereby  given  by  the  city  council  of  Salt  Lake  City 
of  the  intention  of  such  council  to  make  the  following  described 

improvement,  to-wit: 

.' and  defray  the  cost  and  expense 

thereof,  estimated  at dollars,  by  a  local  as- 
sessment upon  the  lots  or  pieces  of  ground  within  the  following 
described  district,  being  the  district  to  be  affected  or  benefited 
by  said  improvement,  namely : 

All  protests  and  objections  to  the  carrying  out  of  such  in- 
tention must  be  presented  in  writing  to  the  city  recorder  on  or 

before  the day  of 189 . . ,  being 

the  time  set  by  said  council  when  it  will  hear  and  consider  such 
protests  and  objections  as  may  be  made  thereto. 

By  order  of  the  city  council  of  Salt  Lake  City. 

."....  City  Recorder. 

[May  6,  1890.] 

When  Council  May  Order  Work  Done. 

SEC.  3.  After  the  expiration  of  twenty  days,  and  on  the 
day  designated  in  the  notice,  the  council  shall  meet,  and  if  writ- 
ten objections  to  the  making  of  the  improvement,  signed  by  the 
owners  of  one-half  of  the  front  feet  abutting  upon  that  portion 
of  the  sidewalk  to  be  so  improved,  be  not  filed  with  the  recorder, 
the  council  shall  hear  and  consider  such  objections  or  protests, 
if  any,  as  shall  have  been  made.  If  the  council  determine  to 
proceed  with  the  improvement  it  shall  make  an  order,  which 
shall  be  entered  of  record  in  the  minutes  of  its  proceedings, 


SIDEWALKS.  893 


authorizing  and  directing  the  work  to  be  done  and  improvement 
made,  under  the  supervision  of  the  proper  officer  or  officers  to 
be  named  in  the  order,  and  shall  apportion  and  assess  the  cost 
of  the  improvement,  or  the  part  thereof  as  specified  in  the  no- 
tice, upon  the  real  estate,  lots  or  pieces  of  ground  embraced 
within  the  district;  such  apportionment  to  be  in  accordance 
with  the  linear  foot  frontage  upon  the  sidewalk  to  be  con- 
structed or  repaired,  and  the  frontage  of  a  lot  on  a  corner  with 
a  sidewalk  on  two  sides  or  fronts  shall  be  deemed  to  extend  to 
the  intersecting  streets. 
[May  6, 1890.] 

'Ordinance  Levying  Tax. 

SEC.  4.  The  council  shall  next  make  an  ordinance  levying 
the  tax  and  for  the  assessment  of  the  property  in  accordance 
with  the  apportionment  and  determination  of  the  council,  which 
apportionment  shall  be  fully  set  forth  in  such  ordinance.  The 
ordinance  shall  also  designate  the  boundaries  of  the  district  em- 
bracing the  property  to  be  taxed. 

[May  6,  1890.] 

Listing  and  Assessing  Property, 

SEC.  5.  A  copy  of  the  ordinance  certified  by  the  recorder, 
under  the  corporate  seal  of  the  city,  shall  be  delivered  to  the  city 
assessor  and  collector,  who  shall  immediately  proceed  to  list  and 
assess  the  property  according  to  the  apportionment  set  forth  in 
said  ordinance  stating  the  name  of  the  owner,  or  if  unknown, 
then  so  stating  the  number  and  dimensions  of  each  lot  or  piece 
of  ground  and  the  amount  of  tax  levied  thereon,  but  it  shall  be 
sufficient  to  describe  the  lot  or  piece  of  ground  as  the  same  is 
platted  and  recorded.  He  shall  also  make  a  plat  to  accompany 
said  list,  showing  the  location  of  the  improvement,  and  the  po- 
sition of  the  respective  lots  or  pieces  of  ground  assessed  with 
reference  to  the  same,  and  shall  return  and  lodge  said  list  and 
plat  when  completed,  with  the  recorder,  within  ten  days  after 
the  receipt  of  said  order,  or  such  further  time  as  the  council  may 
allow. 

[May  6,  1890.] 


394  SIDEWALKS. 


Board  of  Equalization  and  Review . 

SEC.  6.  Upon  the  completion  of  the  list  mentioned  in  sec- 
tion five  of  this  chapter,  the  city  council  shall  appoint  five  of  its 
members  as  a  board  of  equalization  and  review,  and  the  list  shall 
be  placed  in  the  hands  of  said  board,  and  the  said  board  shall 
give  not  less  than  ten  days'  public  notice  by  publication  in  some 
newspaper  published  within  the  city,  of  the  completion  of  said 
list,  and  appoint  not  less  than  five  consecutive  days  upon  which 
they  will  meet  during  the  usual  business  hours  and  state  the 
place  of  its  meeting,  and  during  the  time  specified  the  said  list 
shall  be  open  to  public  inspection,  and  any  person  or  persons 
feeling  themselves  aggrieved  shall  have  hearing  before  the 
said  board,  and  the  said  board  shall  have  authority  to  make  cor- 
rection of  any  tax  deemed  by  them  unequal  or  unjust.  The 
city  assessor  and  collector  shall  be  present  at  each  session  of 
said  board  and  note  upon  said  list  such  corrections  and  changes 
as  may  be  ordered  by  the  board,  and  when  said  list  is  completed 
the  council  shall  make  an  ordinance  confirming  the  assessment 
as  set  forth  in  the  list  as  corrected  by  the  board  of  equalization, 
a  copy  of  which  ordinance,  certified  by  the  recorder  under  the 
corporate  seal,  together  with  such  corrected  list  shall  be  deliv- 
ered to  the  assessor  and  collector,  and  shall  constitute  his  war- 
rant for  the  collection  of  said  taxes;  such  taxes  shall  be  due  and 
payable  sixty  days  after  the  date  of  the  ordinance  confirming 
the  assessment,  and  any  and  all  of  such  taxes  remaining  un- 
paid at  the  expiration  of  said  sixty  days  shall  be  deemed  delin- 
quent. 

[May  6,  1890.] 

Notice  of  Delinquency — When  Taxes    Delinquent. 

SEC.  7.  Said  assessor  and  collector,  upon  receipt  of  the 
certified  copy  aforesaid,  shall,  without  delay,  give  at  least  five 
days'  notice  in  one  or  more  newspapers  having  general  circu- 
lation in  Salt  Lake  City,  of  the  time  when  such  tax  shall  be- 
come delinquent. 

All  assessments  and  special  taxes  hereafter  levied  for  the 
purpose  of  paving  or  otherwise  improving  the  sidewalks  in  this 
city  shall  become  delinquent  as  follows:  One-third  of  the  total 


SIDEWALKS.  395' 


amount  of  such  assessment  shall  become  delinquent  in  three 
months  after  the  levy  for  such  purpose  has  been  made,  one- 
third  in  nine  months  after  such  levy,  one-third  in  fifteen 
months  after  such  levy.  That  each  of  said  installments  shall 
draw  interest  at  the  rate  of  six  per  cent,  per  annum  from  and 
after  the  expiration  of  three  months  from  the  date  of  the  levy 
of  the  tax. 

This  section  shall  apply  to  the  paving  or  otherwise  im- 
proving of  all  sidewalks  in  all  sidewalk  districts  heretofore 
established,  as  well  as  to  all  sidewalk  districts  which  may  here- 
after be  established. 

[May  6,  1890;  October  28,  1892.] 

How  Assessment  Collected. 

SEC.  8.  Upon  the  receipt  of  the  corrected  list  and  ordi- 
nance confirming  the  assessment  aforesaid,  the  assessor  and 
collector  shall  collect  the  assessment  in  like  manner  as  other 
city  taxes,  and  shall  furnish  to  each  tax-payer  or  leave  at  his 
usual  place  of  business  (if  known)  a  notice  of  the  amount  of 
tax  assessed  against  him  and  when  and  where  payable. 

[May  6,  1890.] 

Payments  to  City  Treasurer. 

SEC.  9.  The  assessor  and  collector  shall  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  at  the  end  of  each 
month,  or  sooner  if  required  by  the  council. 

[May  6,  1890.] 

Suspension  of*  Assessments. 

SEC.  10.  Whenever  in  the  opinion  of  the  board  of  public 
works  of  said  city  it  is  desirable  that  the  construction  of  any 
part  of  any  sidewalk  pavement  now  ordered  made,  or  which  may 
hereafter  be  ordered  made,  should  be  delayed  in  its  construc- 
tion, by  reason  of  the  erection  of  buildings  or  other  improve- 
ments being  made,  or  that  the  pavements  now  in  use  are  tem- 
porarily good,  and  the  same  shall  be  reported  by  said  board  to 
the  city  council,  and  upon  the  adoption  of  such  report  by  the 
council,  the  construction  of  such  part  or  parts  of  said  sidewalk 
shall  be  delayed  and  the  collection  of  such  taxes  as  shall  have 


396  SIDEWALKS. 


^been  levied  and  assessed*  shall  be  suspended  until  the  further 
order  or  resolution  of  the  council,  of  which  the  city  assessor 
and  collector  shall  from  time  to  time  be  given  due  notice. 
[September  22,  1891.] 

Refunding  Excess  of  Taxation. 

SEC.  11.  The  assessor  and  collector  be  and  he  is  hereby 
directed  to  transmit  to  the  city  council,  as  completed,  the  list  of 
the  taxpayers,  with  the  amounts  of  taxes  levied  and  assessed, 
and  collected,  or  only  levied  and  assessed,  and  which  may  here- 
after be  from  time  to  time  levied  and  assessed  and  collected  or 
only  levied  and  assessed,  and  a  description  of  the  divers  pieces 
of  property  assessed  respectively  to  said  taxpayers,  in  sidewalk 
districts  of  Salt  Lake  City  ;  and  upon  the  receipt  of  such  lists 
the  city  auditor  is  hereby  directed  to  take  such  lists,  and  also 
the  divers  contracts  for  the  construction  and  laying  of  such  side- 
walks, and  compare  the  respective  lists  with  the  respective  con- 
tracts, the  one  with  another,  and  report  to  the  city  council  the 
difference  between  the  amount  of  taxes  levied  and  assessed  and 
collected,  or  only  levied  and  assessed,  and  the  cost  of  construc- 
tion, grading  and  collection  of  the  taxes,  inclusive,  having  refer- 
ence to  the  amount  of  taxes  levied  and  assessed  and  collected, 
or  only  levied  and  assessed,  and  the  cost  of  construction,  and 
report  to  the  council  the  excess  of  taxes  collected  by  the  assessor 
and  collector,  and  also  the  excess  of  taxes  levied  and  assessed 
beyond  the  cost  of  construction,  and  if  upon  report  it  should 
appear  that  the  taxes  collected  or  only  levied  and  assessed 
should  be  in  excess  of  the  cost  of  construction,  the  city  recorder 
shall  so  inform  the  assessor  and  collector,  and  in  all  cases 
wherein  he  has  not  collected  the  taxes  so  levied  and  assessed,  he 
is  directed  to  collect  only  the  amount  so  reported  by  such  audi- 
tor as  payable  by  such  taxpayers,  covering  only  the  actual  costs 
of  construction  of  the  sidewalk  abutting  upon  the  respective 
pieces  of  property  against  which  such  respective  taxes  may  have 
been  levied  and  assessed,  and  in  cases  where  the  assessor  and 
collector  has  collected  such  taxes,  the  council  will  by  proper 
order  direct  the  auditor  jto  draw  warrants  upon  the  city  treas- 
urer in  favor  of  such  taxpayers  respectively,  refunding  to  them 
;such  excess  of  taxes,  and  the  said  treasurer  is  hereby  directed 


SIDEWALKS.  397 


to  pay  such  warrants.  And  the  assessor  and_c,ollector  is  further 
directed  not  to  collect  taxes  so  levied  and  assessed  by  him  until 
after  the  auditor  has  reported  as  hereinbefore  provided,  and  no- 
tice of  such  reports  given  him,  and  to  collect  such  taxes  as 
directed  by  the  council  upon  such  reports  of  said  auditor. 

The  intention  hereof  being  that  only  so  mush  of  the  taxes 
levied  and  assessed  shall  be  collected  as  are  necessary  to  cover 
the  actual  cost  of  construction,  and  to  release  the  taxpayers 
from  the  excess. 

[September  22,  1891  ;  October  13,  1891.] 

Sidewalk  Districts. 

SEC.  12.  The  following  sidewalk  districts  are  hereby  cre- 
ated, defined  and  established  in  Salt  Lake  City,  as  follows,  viz:. 

District  No.  1 — Both  sides  of  First  South  street,  between 
East  Temple  and  Fifth  West  streets. 

District  No.  2 — Both  sides  of  First  south  street,  east  from 
East  Temple  street  to  the  military  reservation. 

District  No.  3 — Both  sides  of  Second  South  street  between 
East  Temple  and  Fifth  West  streets. 

District  No.  4 — Both  sides  of  Second  South  street,  east' 
from  East  Temple  street  to  the  military  reservation. 

District  No.  5 — Both  sides  of  Third  South  street  between 
East  Temple  street  and  Fifth  West  streets. 

District  No.  6. — Both  sides  of  Third  South  street,  east 
from  East  Temple  street  to  the  military  reservation. 

District  No.  7 — Both  sides  of  West  Temple  street  between- 
South  Temple  and  Eighth  South  streets. 

District  No.  8 — Both  sides  of  East  Temple  street  between  - 
South  Temple  and  Eighth  South  streets. 

District  No.  9 — Both  sides  of  First  East  street  between' 
South  Temple  and  Eighth  South  streets. 

District  No.  11 — Both  sides  of  First  West  street  between 
South  Temple  and  Eighth  South  streets. 

District  No.  12 — Both  sides  of  East  Temple  street  between- 
South  Temple  and  First  North  streets. 

District  No.  13 — Both  sides  of  South  Temple  street  from; 
East  Temple  street  to  Third  West  street. 

District  No.  14 — Both  sides  of  Fourth  South  street,  east 
from  East  Temple  street  to  the  military  reservation. 


398  SIDEWALKS. 


District  No.  15 — Both  sides  of  Fourth  South  street  from 
East  Temple  street  to  Fifth  West  street. 

District  No.  16 — Both  sides  of  Second  East  street  between 
South  Temple  and  Eighth  South  streets. 

District  No.  17 — Both  sides  of  South  Temple  street  from 
East  Temple  street  to  the  military  reservation. 

[March  20,  1891.] 

District  No.  18 — Both  sides  of  Fifth  East  street  between 
South  Temple  and  First  South  streets. 

[August  18, 1891.] 

District  No.  19 — Both  sides  of  State  street  from  South  Tem- 
ple street  to  South  Capitol  avenue. 

District  No.  20. — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  A,  Salt  Lake  City  survey,  not  heretofore  in- 
cluded in  any  sidewalk  district,  except  State  street  from  South 
Temple  street  north. 

District  No.  21 — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  C,  Salt  Lake  City  survey. 

District  No.  22 — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  B,  Salt  Lake  City  survey,  not  heretofore  in- 
cluded in  any  sidewalk  district. 

District  No.  23 — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  F,  Salt  Lake  City 'survey,  not  heretofore  in- 
cluded in  any  sidewalk  district. 

District  No.  24 — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  D,  Salt  Lake  City  survey. 

District  No.  25 — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  G,  Salt  Lake  City  survey. 

District  No.  26 — Both  sides  of  First  street  from  the  east 
line  of  State  street  to  the  east  boundary  of  plat  I;  also  both 
sides  of  Second  street  and  Third  street  from  the  east  line  of 
Canon  road  to  the  east  boundary  of  Plat  I;  also  both  sides  of 
Canon  road  from  State  street  to  the  north  boundary  of  plat  I. 

District  No.  27 — Both  sides  of  all  public  streets,  avenues 
and  alleys  in  plat  E,  Salt  Lake  City  survey,  except  State  street. 

District  No.  28 — Both  sides  of  all  public  streets,  avenues 
.and  alleys  in  plat  J,  Salt  Lake  City  survey. 

[May  9,  1892.] 


SIDEWALKS.  399 


Coal  Holes  or  Other  Openings. 

SEC.  13.  The  city  council  may,  upon  application,  authorize 
the  construction,  at  the  expense  of  the  applicant,  of  coal  holes  or 
other  openings  in  streets  and  sidewalks  in  such  manner  and 
under  the  direction  of  such  person  as  it  may  deem  suitable;  and 
they  may  also  authorize  the  continuance  of  a  covering  of  a  coal 
hole  or  other  excavation  already  constructed. 

[February  14,  1888.] 

Cellarway  or  Area— Permit  and  Bond. 

SEC.  14.  No  person  shall  erect  or  construct  any  stairway 
or  passage  leading  from  any  street,  avenue  or  alley,  into  the 
basement  or  cellar  of  any  building,  and  thereby  occupy  any 
portion  of  the  street,  alley  or  sidewalk,  nor  shall  any  area  or 
vault  be  excavated  or  constructed  under  any  sidewalk  or  any 
portion  of  the  public  streets,  avenues  or  alleys  of  this  city,  un- 
less the  party  so  constructing  the  same  shall  have  procured  a 
permit  so  to  do  from  the  city  council,  and  shall  hare  given  a 
bond  to  their  satisfaction,  in  a  sum  not  to  exceed  ten  thousand 
dollars,  as  they  may  determine.  Such  bond  shall  be  to  Salt 
Lake  City  and  conditioned  for  the  payment  of  all  damages  that 
may  be  adjudged  against  him  or  against  said  city  on  account  of 
any  injuries  which  may  or  shall,  happen  to  any  person,  and  on 
account  of  any  damage  resulting  to  any  property  by  reason  of 
such  stairway,  passage,  area  or  vault,  or  by  reason  of  the  unsafe 
or  dangerous  condition  of  the  same,  or  of  any  covering,  grating 
or  railing,  covering  or  being  over  or  about  the  same. 

[February  14,  1888.] 

Size  of  Cellarways— Protection . 

SEC.  15.  Cellarways,  or  entrances  to  the  basements  of 
buildings  on  the  sidewalks  of  this  city,  may  be  constructed  not 
to  exceed  five  feet  in  width,  and  where  such  entrance  or  flight 
of  steps,  is  not  safely  and  securely  covered,  shall  be  enclosed 
with  a  permanent  railing  on  each  side,  at  least  three  feet  high 
from  the  top  of  the  sidewalk  or  pavement,  together  with  either 
a  gate  to  open  inwardly  or  two  iron  chains  across  the  front  of  the 
entrance-way,  one  near  the  top  and  the  other  half-way  from  the 
ground  to  the  top  of  the  railing,  the  whole  to  be  constructed 


400  SIDEWALKS. 


subject  to  the  approval  of  the  supervisor  of  streets  ;  and  such 
gate  or  chains  shall,  unless  there  is  a  light  burning  over  the 
steps  to  prevent  accidents,  be  closed  during  the  night. 
[May  13,  1873;  February  14,  1888.] 

Coverings  of  Coal  Holes. 

SEC.  16.  All  coverings  of  coal  holes  or  of  other  excavations 
or  openings  in  streets  and  sidewalks,  excepting  cellar  doorways 
and  bulkheads,  shall  be  constructed  of  iron,  iron  and  glass,  or 
durable  stone,  and  shall  be  of  such  description  and  workman- 
ship as  the  city  council  may  direct.  When  such  covering  is 
otherwise  constructed,  or  is,  in  the  opinion  of  the  said  council, 
unsafe  or  inconvenient  for  the  public  travel,  said  council  may 
order  the  same  to  be  removed  and  a  suitable  one  put  in  its 
place;  and,  if  such  removal  and  substitution  is  not  completed 
within  ten  days  from  the  service  of  the  order  on  the  owner  or 
tenant  of  the  premises  or  other  person  having  the  care  thereof, 
the  supervisor  of  streets  shall  make  the  change,  and  the  expense 
thereof  shall  be  paid  by  such  owner,  tenant  or  other  person 
having  the  care  of  the  premises:  and  no  person  shall  leave  such 
coal  hole  or  other  excavation  or  opening  uncovered  or  with  its 
cover  unfastened,  except  while  it  is  in  use  in  the  daytime  before 
sunset,  by  some  person  or  persons  who  are  actually  attending  to 
the  same. 

[February  14,  1888.] 

Gratings  in  Sidewalks. 

SEC.  17.  No  grating  shall  be  placed  in  a  sidewalk,  the 
spaces  between  the  bars  of  which  are  more  than  one  inch  and  a 
quarter  in  width;  and  no  grating  shall  project  more  than  three 
feet  into  a  sidewalk. 

[February  14,  1888. 

How  I. oi»»  to  Be  Left  Open. 

SEC.  18.  No  occupant  or  other  person  having  the  care  of 
a  building  shall  suffer  a  cellar  door,  cellar  doorway,  entrance  or 
flight  of  steps,  such  as  are  mentioned  in  the  preceding  sections, 
to  remain  open,  unless  the  same  shall  be  properly  guarded,  and, 
in  the  night  time,  properly  lighted. 

[February  14,  1888.] 


SIDEWALKS.  401 


Repairs  of  Cellar  J>oors. 

SEC.  19.  When  a  cellar  door  or  the  platform  thereof  pro- 
jects into  a  sidewalk,  the  owners  and  occupants  of  the  estate  to- 
which  such  cellar  door  or  platform  belongs  shall  keep  such  door 
or  platform  in  good  repair;  and  if  it  is  at  any  time  out  of  re- 
pair, so  that  in  the  opinion  of  the  supervisor  of  streets  the 
safety  of  the  inhabitants  is  thereby  endangered,  the  said  super- 
visor shall  notify  the  said  owners  and  occupants  of  the  fact, 
and  if  they  neglect  or  refuse,  for  the  space  of  twenty-four 
hours,  to  repair  such  door  or  platform,  the  supervisor  of  streets 
shall  forthwith  cause  such  repairs  to  be  made,  at  the  expense  of 
said  owners  or  occupants,  who  shall,  in  case  of  such  neglect  or 
refusal,  be  further  liable  to  a  penalty  of  not  less  than  five  nor 
more  than  fifty  dollars  for  each  and  every  day  that  said  door  or 
platform  continues  to  be  out  of  repair. 

[February  14,  1888.] 

Obstructions  to  Be  Removed—Penalty. 

SEC.  20.  No  person  shall  put,  place,  or  cause  to  be  put  or 
placed,  anywhere  upon  a  public  street  or  sidewalk,  and  no  person 
owning,  occupying  or  having  control  of  any  premises,  shall,  after 
reasonable  notice  by  the  city  marshal  or  any  police  officer, 
suffer  to  be  or  remain  in  front  thereof,  upon  the  sidewalk,  or  the 
half  of  the  street  next  to  such  premises: 

First — Any  broken  ware,  glass,  filth,  rubbish,  refuse  matter^ 
garbage,  ashes,  tin  cans,  or  other  like  substances. 

Second — Any  wagons,  lumber,  wood,  boxes,  fencing,  build- 
ing material,  merchandise,  or  other  thing,  which  shall  obstruct 
such  public  street  or  sidewalk,  or  any  part  thereof,  or  the  free 
use  and  enjoyment  thereof,  or  the  free  passage  over  and  upon 
the  same,  or  any  part  thereof,  without  the  permission  of  the 
city  council. 

Third — Any  goods,  wares  or  merchandise,  for  sale  or  show 
or  otherwise,  beyond  three  feet  from  the  front  line  of  the  lot 
where  such  goods,  wares  or  merchandise  may  be  exposed. 

No  person  receiving  or  delivering  goods,  wares  or  merchan- 
dise in  this  city  shall  place  or  keep  upon,  or  suffer  to  be  placed 
or  kept  upon,  any  sidewalk  in  said  city  any  goods,  wares  or 
merchandise  which  he  may  be  receiving  or  delivering,  without 


102  SIDEWALKS. 


leaving  a  passageway  clear  upon  such  sidewalk,  where  such 
goods,  wares  or  merchandise  may  be,  ten  feet  wide,  for  the  use 
of  foot-passengers;  and  no  person  receiving  or  delivering  such 
property  shall  suffer  the  same  to  be  or  remain  on  such  sidewalk 
for  a  longer  period  than  five  hours. 

Any  person  violating  any  of  the  provisions  of  this  section 
.shall,  upon  conviction  thereof,  be  liable  to  a  fine  in  any  sum  not 
to  exceed  fifty  dollars,  or  to  imprisonment  for  a  period  of  not 
to  exceed  fifty  days,  or  both. 

[February  14,  1888.] 

Driving  on  Sidewalk — Penalty. 

SEC.  21.  Any  person  driving  a  team  or  leading,  riding  or 
driving  any  animal  upon  any  sidewalk  in  this  city,  shall  be 
liable  for  all  damages  accruing  thereby,  and  to  a  fine  of  not  less 
than  one  nor  more  than  fifty  dollars  for  every  such  offense; 
Provided,  that  nothing  in  this  section  shall  be  so  construed  as 
to  prohibit  persons  from  crossing  the  sidewalk  to  or  from  the 
adjoining  premises  with  teams  or  animals. 

[March  24,  1855;  February  14,  1888.] 

Games  on  Sidewalks   or  Streets  Forbidden. 

SEC.  22.  All  persons  are  hereby  forbidden  to  obstruct  the 
sidewalks  or  streets  by  games  of  any  kind,  playing  of  ball, 
quoits,  marbles,  jumping,  rolling  of  hoops,  flying  of  kites,  to 
annoy  or  obstruct  the  free  travel  of  any  foot-passenger  or  team, 
under  a  penalty  of  not  less  than  one  nor  more  than  fifty  dollars, 
or  imprisonment  not  to  exceed  twenty  days,  or  both,  for  each 
offense,  and  to  pay  all  damages. 

[February  14,  1888.] 

Canvas  Awnings. 

SEC.  23.  No  awning  shall  be  constructed  on  or  over  any  of 
the  sidewalks  within  the  limits  of  this  city  except  as  hereinafter 
provided.  All  canvas  awnings  shall  be  affixed  to  and  suspended 
from  the  buildings,  and  where  the  sidewalks  are  not  less  than 
twenty  feet  wide  they  shall  not  project  over  the  sidewalk  to 
exceed  ten  feet,  and  no  part  of  said  awning  shall  be  less  than 
eight  feet  above  the  grade  of  the  same;  and  where  the  sidewalks 


SIDEWALKS.  403 


are  less  than  twenty  feet  in  width,  said  awnings  shall  not  project 
from  the  building  to  which  they  are  suspended  more  than  eight 
feet,  and  no  part  thereof  shall  be  less  than  eight  feet  above  the 
grade  of  the  sidewalk. 
[December  13,  1878.] 

Permanent  Awnings. 

SEC.  24.  All  permanent  porticos  shall  be  constructed  the 
entire  width  of  the  sidewalk  ;  the  outside  line  of  the  posts  or 
supports  of  said  porticos  on  sidewalks  of  twenty  feet  in  width 
shall  be  uniformly  nineteen  feet  from  the  line  of  the  lots  ;  and 
where  the  sidewalks  are  less  than  twenty  feet  in  width,  said 
posts  or  supports  shall  be  uniformly  within  six  inches  of,  and 
on  a  line  with,  the  outer  edge  of  the  sidewalk.  All  such  posts 
or  supports  shall  be  placed  on  substantial  stone  footings,  and 
shall  be  of  iron  or  stone.  The  deck  or  roof  of  said  porticos 
shall  be  water-tight,  and  within  the  fire  limits  be  covered  with 
metal  or  other  incombustible  material,  no  part  of  which,  on 
sidewalks  twenty  feet  wide,  shall  be  less  than  twelve  feet  above 
the  grade  ;  and  on  sidewalks  less  than  twenty  feet  wide,  not  less 
than  ten  feet  above  the  grade.  The  whole  to  be  thoroughly 
braced  and  constructed  in  a  safe  and  substantial  manner,  to 
the  acceptance  of  the  inspector  of  buildings.  No  such  portico 
shall  be  constructed  without  the  consent  of  the  city  council,  and 
no  wooden  awning  shall  be  permitted  to  be  constructed  in  this 
city. 

[December  13,  1878.] 

Building  Inspector  to  Approve. 

SEC.  25.  All  persons,  before  erecting  permanent  awnings 
within  the  fire  limits,  shall  submit  plans  and  specifications,  in- 
cluding the  kinds  of  material  to  be  used,  to  the  inspector  of 
buildings,  for  his  approval. 

[December  13,  1878.] 


on  Sidewalk  Forbidden—  Bay  Window. 

SEC.  26.  No  sign  nor  sign  post  of  any  design  or  descrip- 
tion shall  hereafter  be  erected  on  any  sidewalk  or  project  over, 
across  or  along  the  outer  edge  of  any  sidewalk,  or  across  any 


404  SIDEWALKS. 


water  ditch,  or  on  or  over  any  street,  or  be  allowed  to  project 
from  the  building  to  which  it  is  attached  over  the  sidewalk  more 
than  twenty-four  inches  ;  no  bay  window  hereafter  erected  shall 
project  over  any  sidewalk  more  than  twenty-four  inches. 
'  [March  25,  1879.] 

Penalty. 

SEC.  27.  Any  person  violating  or  failing  to  comply  with 
any  of  the  provisions  of  the  four  preceding  sections  shall  be 
liable  to  a  fine  not  to  exceed  one  hundred  dollars,  or  imprison- 
ment not  to  exceed  thirty  days,  or  both. 

[December  13,  1878;  February  14,  1888.] 

Carriage  Steps  or  Platforms. 

SEC.  28.  Any  person  may 'erect  carriage  steps  or  plat- 
forms across  the  water  ditch  in  front  of  his  place  of  business 
or  residence,  not  to  exceed  four  feet  long,  three  feet  wide  and 
two  feet  high,  the  work  to  be  done  to  the  acceptance  of  the  city 
marshal. 

[November  26,  1878;  February  14,  1888.] 

Weeds  to  lie  Removed. 

SEC.  29.  Every  owner,  occupant  or  agent  of  any  real  prop- 
erty who  shall  neglect  to  cut  and  remove  the  weeds,  where  the 
same  have  become  obnoxious,  on  the  sidewalk  or  sidewalks  in 
front  of  his  premises,  after  three  days'  notice  by  the  street  su- 
pervisor to  cut  and  remove  the  same,  shall,  on  conviction  thereof, 
be  fined  in  any  sum  not  exceeding^  twenty-five  dollars. 

[September  29,  1891.] 

Loafing  011  Sidewalk  Forbidden. 

SEC.  30.  Whoever  wilfully  remains  standing,  lying  or  sit- 
ting down  on  any  of  the  sidewalks  of  this  city,  or  within  twenty 
feet  of  the  same,  for  a  longer  time  than  ten  minutes,  in  such 
manner  as  to  obstruct  the  free  passage  of  foot  travelers  on  any 
portion  of  the  same,  or  who  wilfully  remains  standing,  lying  or 
sitting  thereon  in  said  manner  for  more  than  two  minutes  after 
being  requested  to  move  on  by  the  marshal  or  any  police  officer 
of  said  city,  or  who  wilfully  remains  on  the  sidewalk  in  front  of 


SIDEWALKS.  405 


any  dwelling  house  or  place  of  business  which  abuts  on  any  of 
the  sidewalks  in  this  city,  in  such  manner  as  to  obstruct  the 
free  passage  of  any  other  person  into  or  out  of  such  dwelling 
house  or  place  of  business,  without  the  consent  or  against  the 
will  of  the  proprietor  thereof,  shall  be  deemed  guilty  of  a 
nuisance,  and  on  conviction  thereof  shall  be  fined  in  any  sum 
not  to  exceed  ten  ($10)  dollars. 
[August?,  1888.] 

Snow  to  Be  Removed  from   Sidewalks. 

SEC.  31.  In  case  of  a  snow,  hail  or  sleet  storm,  between 
the  hours  of  six  o'clock  in  the  morning  and  five  o'clock  in  the 
afternoon,  all  paved  sidewalks  shall  be  cleared  of  such  snow, 
hail  or  sleet  within  one  hour  after  such  storm  ceases.  In  case 
of  a  storm  between  the  hours  of  five  o'clock  in  the  afternoon 
and  six  o'clock  in  the,  morning,  the  paved  sidewalks  shall  be 
cleared  off  before  eight  o'clock  in  the  morning.  Any  person 
violating  any  of  the  provisions  of  this  section  shall  be  deemed 
guilty  of  a  nuisance,  and  be  fined  in  any  sum  not  exceeding 
twenty  dollars. 


406  SLAUGHTER   HOUSES. 


CHAPTER   XLIV. 


SLAUGHTEK  HOUSES. 

Slaughtering  in  Fire  Limits. 

SECTION  1.  It  shall  not  be  lawful  for  any  person  to  slaugh- 
ter any  animal  within  the  fire  limits  or  for  any  person  to  erect 
any  slaughter  house  or  yard,  or  engage  in  the  business  of 
slaughtering,  at  any  place  other  than  such  as  may  be  designated 
by  the  city  council. 

[November  24,  1874;  February  14,  1888.] 

Record  to  Be  Kept. 

SEC.  2.  All  persons  licensed  as  butchers  or  slaughterers 
shall  keep  a  book  in  which  they  shall  record  a  faithful  descrip- 
tion of  the  age,  size  and  color  of  all  animals  by  them  killed,  with 
the  brands  and  marks  thereon,  together  with  the  name  of  the 
person  from  whom  received,  and  the  time  when  killed,  which 
book  shall  be  open  to  the  inspection  of  the  public. 

[November  24,  1874.] 

Slaughter  Houses  to  Be  Cleaned. 

SEC.  3.  All  persons  engaged  in  the  business  of  butchering 
or  slaughtering,  within  the  limits  of  this  city,  are  hereby  re- 
quired to  thoroughly  cleanse  their  slaughter  houses  and  yards 
once  each  twenty-four  hours,  and  to  remove  from  their  premises 
and  deposit  all  offal  in  such  manner  and  at  such  place  or  places 
as  may  be  designated  by  the  health  commissioner. 

[November  24,  1874;  February  14,  1888.] 

Duty  of*  Health  Commissioner. 

SEC.  4.  It  shall  be  the  duty  of  the  health  commissioner,  or 
his  deputy  (as  often  as  he  may  deem  necessary),  to  visit  the 
slaughter  houses  within  the  limits  of  this  city,  to  examine  the 


SPRINKLING.  407 


books  and  see  that  a  faithful  record  is  madefof  all  animals  killed, 
and  that  the  slaughter  houses  are  thoroughly  cleansed,  as  herein 
provided. 

[November  24,  1874;  February  14,  1888.] 

Penalty. 

SEC.  5.  Any  person  violating  the  provisions  herein  con- 
tained, in  relation  to  butchers  or  slaughterers,  shall  be  liable  to 
a  fine  in  any  sum  not  less  than  twenty  nor  more  than  one  hun- 
dred dollars;  and  on  a  second  conviction,  in  addition  thereto, 
his  license  may  be  declared  forfeited. 

[November  24,  1874.] 


CHAPTER   XLV. 


SPBINKLING. 

Notice  to  lie  Published — Assessment. 

SECTION  1.  Before  the  city  council  of  Salt  Lake  City  shall 
cause  any  street,  or  portion  thereof,  within  its  limits  to  be 
sprinkled,  the  mayor,  under  the  direction  of  the  city  council, 
shall  publish  a  notice  for  at  least  twenty  days  in  a  newspaper 
published  in  said  city,  describing  the  location  and  extent  of  such 
proposed  street  sprinkling,  with  the  lots  or  pieces  of  land  affect- 
ed or  benefited  thereby  and  abutting  upon  the  street  so  to  be 
sprinkled,  with  the  estimated  cost  of  the  same,  and  designating 
the  time  fixed  by  the  council  for  determining  whether  the  pro- 
posed sprinkling  shall  be  done.  If  at  or  before  the  time -so 
fixed,  written  objections  to  such  street  sprinkling,  signed  by 
the  owners  of  one-half  in  value  of  the  property  so  to  be  affected 


408  SPRINKLING. 


or  benefited,  as  shown  by  the  last  preceding  city  assessment  roll, 
be  not  filed  with  the  city  recorder,  the  city  council  may,  in  its 
discretion,  order  the  sprinkling  of  such  street,  or  portion  there- 
of, and  the  cost  for  the  same  shall  be  defrayed  by  levying  a 
local  tax,  according  to  the  linear  foot  frontage  on  all  the  lots  or 
parcels  of  land  abutting  upon  the  street  so  to  be  sprinkled,  or 
otherwise,  if  the  council  so  order,  which  shall  be  paid  by  the 
owners  of  said  land. 
[May  15,  1888.] 

Supervisor  of  Streets. 

SEC.  2.  All  street  sprinkling  done  in  pursuance  of  this, 
chapter  shall  be  executed  under  the  supervision  of  the  super- 
visor of  streets. 

[May  15,  1888.] 

Assessor  and  Collector. 

SEC.  8.  The  assessor  and  collector  of  Salt  Lake  City  is 
hereby  constituted  the  assessor  and  eollector  of  said  taxes  for 
street  sprinkling. 

[May  15,  1888.] 

Taxes  to  Constitute  a  Lien. 

SEC.  4.  All  local  taxes  for  street  sprinkling  or  special 
assessments  made,  levied  and  assessed  in  accordance  with  the 
provisions  of  this  chapter,  and  the  costs  of  collecting  the  same, 
shall  attach  to  and  constitute  a  lien  upon  and  against  the  prop- 
erty so  assessed  from  and  after  the  date  of  assessment,  and  they 
shall  become  payable  and  delinquent  at  the  expiration  of  thirty 
days  from  the  date  of  the  assessment  of  the  same,  and  they 
shall  be  collected  in  like  manner  as  other  city  taxes. 

[May  15,  1888.] 

Sprinkling  District  Number  One. 

SEC.  5.  Sprinkling  district  No.  1  of  Salt  Lake  City  is 
liereby  created  and  its  boundaries  and  area  of  streets  defined  as 
follows:  Commencing  at  the-intersection  of  South  Temple  and 
Tenth  East  streets  and  running  thence  south  along  the  east  line 
of  Tenth  East  street  to  the  south  line  of  Fourth  South  street; 

\ 


SPRINKLING.  409 


thence  west  along '  Fourth  South  street  td~~east  line  of  Ninth 
East  street;  thence  south  along  Ninth  East  street  to  south  line 
•of  Fifth  South  street;  thence  west  along  the  south  line  of  Fifth 
South  street  to  the  east  line  of  Sixth  East  street;  thence  south 
along  Sixth  East  street  to  north  line  of  Ninth  South  street; 
thence  west  along  Ninth  South  street  to  the  west  line  of  Fifth 
East  street;  thence  north  along  the  west  line  of  Fifth  East 
street  to  the  north  line  of  Seventh  South  street;  thence  west 
along  Seventh  South  street  to  the  east  line  of  First  East  street; 
thence  south  along  the  east  line  of  First  East  street  to  the  north 
line  of  Ninth  South  street ;  thence  west  along  Ninth  South 
street  to  the  west  line  of  West  Temple  street;  thence  north  along 
West  Temple  street  to  the  north  line  of  Seventh  South  street; 
thence  west  along  Seventh  South  street  to  the  west  line  of  First 
West  street;  thence  north  along  First  West  street  to  the  south 
line  of  Fifth  South  street;  thence  west  along  Fifth  South  street 
to  the  west  line  of  Second  West  street;  thence  north  along  the 
west  line  of  Second  West  street  to  the  south  line  of  Third  South 
street;  thence  west  along  the  south  line  of  Third  South  street  to 
the  east  line  of  Fifth  West  street;  thence  north  across  Third 
South  street  to  the  north  line  of  Third  South  street;  thence 
east  along  the  north  line  of  Third  South  street  to  the  west  line 
of  Second  West  street;  thence  north  along  the  west  line  of  Sec- 
ond West  street  to  the  south  line  of  Second  South  street;  thence 
west  along  the  south  line  of  Second  South  street  to  the  east 
line  of  Fifth  West  street;  thence  north  across  Second  South 
street  to  the  north  line  of  Second  South  street;  thence  east  to 
the  west  line  of  Second  West  street;  thence  north  along  Second 
West  street  to  the  south  line  of  First  South  street;  thence  west 
along  the  south  line  of  First  South  street  to  the  east  line  of 
Fourth  West  street;  thence  north  across  First  South  street  to  the 
/north  line  of  First  South  street;  thence  east  to  the  west  line  of 
Second  West  street;  thence  north  along  the  west  line  of  Second 
West  street  to  the  south  line  of  South  Temple  street;  thence 
west  along  the  south  line  of  South  Temple  street  to  Third  West 
street;  thence  north  across  South  Temple  street  to  the  north 
line  thereof;  thence  east  to  the  west  line  of  Second  West  street; 
thence  north  along  Second  West  street  to  the  south  line  of 
Third  North  street;  thence  east  across  Second  West  street  to 


410  SPRINKLING. 


the  east  line  of  Second  West  street;  thence  south  to  the  north- 
line  of  Second  North  street;  thence  east  to  the  east  line  of  First 
West  street;  thence  south  to  the  north  line  of  First  North 
street;  thence  east  to  the  east  line  of  West  Temple  street; 
thence  south  to  the  north  line  of  North  Temple  street;  thence 
east  along  the  north  line  of  North  Temple  street  to  the 
west  line  of  East  Temple  street;  thence  north  along  the  west 
line  of  East  Temple  street  to  First  North  street;  thence  east 
across  East  Temple  street;  thence  south  on  the  east  line  of  East 
Temple  street  to  the  north  line  of  North  Temple  street;  thence 
east  on  the  north  line  of  North  Temple  street  to  the  east  line  of 
First  East  street;  thence  south  along  the  east  line  of  First  East 
street  to  the  north  line  of  South  Temple  street;  thence  east 
along  the  north  line  of  South  Temple  street  to  the  east  line  of" 
Tenth  East  street,,  the  place  of  beginning. 
[March  17,  1891.] 

Sprinkling  District  Number  Two. 

SEC.  6.  Sprinkling  district  No.  2,  of  Salt  Lake  City,  is- 
hereby  created  and  the  boundaries  of,  and  the  territory  included 
in  said  district,  are  described  as  follows,  to-wit:  All  of  First 
street  from  State  street  to  S  street;  all  of  C,  D,  E,  F,  G,  H,  I,. 
J,  K,  L,  M,  N,  O,  P,  Q,  R  and  S  streets  from  South  Temple  to 
First  street;  all  of  South  Temple  from  Tenth  East  street  to- 
Thirteenth  East  street;  all  of  First  South  street  frorn  Tenth 
East  street  to  Thirteenth  East  street ;  all  of  Second  South  street 
from  Tenth  East  street  to  Thirteenth  East  street;  all  of  Elev- 
enth and  Twelfth  East  streets  from  South  Temple  street  to  Sec- 
ond South  street ;  all  of  Thirteenth  East  street  from  First 
South  street  to  Fifth  South  street ;  all  of  Cafton  road  from 
State  street  to  Fourth  street;  all  of  Second  West  street  from 
Third  North  street  to  the  Warm  Springs  bath-house;  and  all  of 
First  West  street  from  Second  North  street  to  the  north  line  of 
Reed  street,  thence  in  a  northwesterly  direction  across  lots  8,  7, 
6  and  5  in  block  150,  plat  A,  Salt  Lake  City  survey,  to  the  inter- 
section with  Second  West  street. 

[June  11,  1892;  July  21,  1892.] 


STREETS.  411 


CHAPTER  XLVL 


STREETS. 

Duty  of  Street  Supervisor. 

SECTION  1.  It  shall  be  the  duty  of  the  supervisor  of  streets 
to  see  that  all  ordinances,  or  orders  of  the  city  council,  relating 
to  streets,  sidewalks  and  ditches,  are  complied  with. 

[March  3,  1860  ;  February  14,  1888.] 

Report  Quarterly— Custodian  of"  Property. 

SEC.  2.  The  supervisor  shall  make  a  full  report  quarterly,, 
in  writing,  to  the  city  council,  of  all  work  done,  where  done, 
and  of  all  moneys  expended  in  his  department,  and  for  what 
purpose;  and  it  shall  also  be  his  duty  to  take  charge  of  all 
tools,  material  or  property  belonging  to  the  city  and  employed 
in  working  on  the  streets. 

[March  3,  1860;  February  14,  1888.] 

Further  Duties  of  Supervisor. 

SEC.  3.  The  supervisor  of  streets  shall  see  that  all  statutes, 
ordinances,  orders  and  regulations,  respecting  the  use  or  occu- 
pation of  portions  of  streets  for  the  purpose  of  erecting,  alter- 
ing, repairing  or  removing  buildings,  are  observed  and  enforced. 

[February  14,  1888.] 

Defects  to  Be  Repaired. 

SEC.  4.  All  notices  of  defects  in  public  streets,  which  are 
received  by  any  officer  or  person  in  the  employ  of  the  city,  shall 
be  sent  to  the  office  of  the  supervisor  of  streets,  and  he  or  some 
competent  person  detailed  by  him  shall,  without  delay,  examine 
the  locality  of  the  alleged  defect,  and  if  upon  examination  it 
appears  that  the  defect  is  of  such  a  character  as  to  endanger  the 


412  STREETS. 


safety  of  public  travel,  and  that  the  city  is  liable  for  its  repair, 
he  shall  cause  it  to  be  immediately  repaired  ;  and,  until  such 
repair  is  completed,  he  shall  do  whatever  may  be  necessary  to 
protect  the  public  from  injury  by  reason  of  the  defect. 
[February  14,  1888.] 

Restoration  After  Excavation. 

SEC.  5.  When  an  excavation  for  any  purpose  is  made  or 
permitted  in  a  public  street  by  order  of  a  department  of  the 
city  government,  the  street  shall,  as  soon  as  the  purpose  for 
which  the  excavation  was  made  has  been  accomplished,  be  re- 
stored to  a  condition  entirely  satisfactory  to  the  supervisor  of 
streets,  and  if  it  is  not  so  restored,  although  it  may  not  be  dan- 
gerous to  public  travel,  the  said  supervisor  shall  notify  the  de- 
partment which  ordered  or  permitted  the  excavation  to  be  made 
to  make  forthwith  such  further  repairs  as  he  deems  necessary, 
and  if  such  department  neglects  so  to  do,  the  said  supervisor 
shall  cause  such  repairs  to  be  made,  and  shall  charge  such  de- 
partment therefor. 

[February  14,  1888.] 

Written  License  from  Street  {Supervisor. 

SEC.  6.  No  person  who  is  in  the  employ  of  the  city  shall 
break  or  dig  up,  or  assist  in  breaking  or  digging  up,  any  part  of 
a  public  street,  or  remove  any  gravel  or  other  similar  thing 
from  a  public  street,  unless  he,  or  the  head  of  the  department 
under  whose  direction  said  work  is  being  done,  has  first  obtained 
from  the  street  supervisor  a  written  license  therefor. 

[February  14,  1888.] 

Penalty  for  Failure  to  Restore  Street. 

SEC.  7.  Whoever,  by  virtue  of  such  a  license,  breaks  or 
digs  up,  or  causes  to  be  dug  or  broken  up,  any  part  of  a  public 
street,  shall,  within  such  time  as  the  street  supervisor,  or  some 
person  by  him  authorized,  may  order,  cause  such  street  to  be 
repaired  and  amended  to  the  satisfaction  of  the  said  supervisor, 
and  if  he  neglects  or  refuses  so  to  do,  he  shall  be  liable  to  a 
penalty  of  not  less  than  five  nor  more  than  fifty  dollars  for  each 
•day  during  which  the  neglect  or  refusal  continues. 

[February  14,  1888.] 


STREETS.  41& 


\o  Excavation  Without  License. 

SEC.  8.  No  person  shall  make,  or  canse  to  be  made,  an  ex- 
cavation in  a  street^  for  any  purpose  whatever,  without  a  license- 
from  the  city  council,  or  from  some  person  authorized  by  the 
said  council,  and  subject  to  such  regulations  as  the  said  council 
may  prescribe.  Every  application  for  such  a  license  shall  be 
made  in  writing  and  signed  by  the.  applicant,  and  shall  set  forth 
the  dimensions  of  the  proposed  excavation  and  the  purpose  for 
which  it  is  to  be  used;  and  every  such  license  shall  provide  that 
the  excavation  licensed  shall  not  be  used  for  any  purpose  other 
than  that  stated  in  the  application,  and  may  at  any  time  be  re- 
voked by  the  said  council.  But  no  excavation  of  or  under  a 
sidewalk  shall  be  made,  the  inner  face  of  the  wall  of  which  ex- 
tends further  than  to  a  line  ten  feet  inside  the  line  of  the  outer 
edge  of  the  sidewalk. 

[February  14,  1888.] 

Guard  Around  Excavations— Ughts— Penalty. 

SEC.  9.  When  an  excavation  is  made  in  a  street,  for  any 
purpose,  the  person  by  or  for  whom  such  excavation  has  been 
made  shall  cause  a  rail  or  other  sufficient  fence  to  be  placed  so 
as  to  enclose  such  excavation,  and  the  dirt,  gravel  or  other  ma- 
terial thrown  therefrom,  and  such  fence  shall  be  maintained 
during  the  whole  time  for  which  the  excavation  continues;  and 
he  shall  also  cause  a  lighted  lantern,  or  some  other  proper  and 
sufficient  light,  to  be  fixed  to  some  part  of  such  fence,  or  in 
some  other  proper  manner  over  or  near  the  excavation,  and  over 
or  near  the  dirt,  gravel  or  other  material  taken  therefrom,  and 
so  kept  from  the  beginning  of  twilight  through  the  whole  of 
every  night  during  all  the  time  such  excavation  exists..  Who- 
ever maliciously  or  wantonly,  and  without  legal  cause,  extin- 
guishes or  diminishes  a  light  fixed  in  accordance  with  the  pro- 
visions of  this  section  shall  be  liable  to  a  penalty  of  not  more 
than  fifty  dollars. 

[February  14,  1888.] 

Permits  for  Building  Material. 

•  SEC.  10.  Whoever  desires  to  occupy  or  use  a  portion  of  a 
street  for  the  erection  or  repair  of  a  building  upon  land  abut- 


414  STREETS. 


ting  thereon  shall  make  application  to  the  supervisor  of  streets, 
who,  subject  to  the  direction  of  the  city  council,  may  grant  per- 
mits for  the  occupation  or  use,  for  building  purposes,  of  such 
portions  of  streets,  and  for  such  periods  of  time  and  under  such 
limitations  and  restrictions  as  may  be  required  by  ordinance  or 
by  the  public  convenience;  and  any  such  permit  may  be  revoked 
by  the  said  supervisor,  at  any  time,  when  the  holder  thereof 
fails  to  comply  with  any  rule  or  regulation  under  which  it  is 
granted,  or  when,  in  the  opinion  of  the  said  supervisor,  the 
public  good  requires  such  revocation.  No  part  of  a  street  other 
than  that  so  allotted  shall  be  used  for  depositing  materials  for 
work  to  be  done  or  for  receiving  rubbish  arising  from  such 
work,  and  all  such  rubbish  shall  be  carried  away  by  the  person 
to  whom  the  permit  is  granted,  at  such  times  as  the  city  council 
or  the  said  supervisor  may  direct,  and  in  case  of  the  neglect  or 
refusal  of  such  person  so  to  remove  such  rubbish,  it  shall  be  re- 
moved, at  his  expense,  by  the  supervisor  of  streets. 
[February  14,  1888.] 

Board  Fence  and  Plank  Walk. 

SEC.  11.  Whoever  is  duly  licensed  or  permitted  to  occupy 
a  part  of  the  street  while  erecting  or  repairing  a  building,  or 
making  an  excavation,  or  for  any  other  purpose,  before  com- 
mencing such  work  shall  build  around  such  portion  of  the  street 
to  be  so  occupied  a  board  fence  not  less  than  five  ( 5 )  feet  high, 
all  openings  in  said  fence  to  be  provided  with  gates  opening  in, 
and  all  work  shall  be  done  on  the  inside  of  such  fence;  also 
build  a  good,  substantial  plank  walk,  four  (4)  feet  in  width,  for 
public  travel,  around  the  obstruction  so  caused,  and  shall  be 
responsible  to  the  city  for  all  injuries  sustained  by  any  person 
in  consequence  of.  his  neglect  to  do  so,  and  he  shall  at  any  time, 
when  requested  by  the  supervisor  of  streets,  or  by  a  police 
-officer,  exhibit  his  license  or  permit  for  such  occupancy.  Who- 
ever is  licensed  as  provided  in  this  section  who  shall  violate  any 
provision  of  this  section  shall  forfeit  his  license  or  permit,  and 
in  addition  thereto  shall  be  deemed  guilty  of  a  misdemeanor, 
and  on  conviction  shall  be  fined  not  less  than  one  hundred  dol- 
lars or  more  than  three  hundred  dollars. 

[April  29,  1890.] 


STBEETS.  415 


Dropping;  Stones  in  Street  Forbidden.  ~ 

SEC.  12.  Any  person  who  shall  throw,  cast  or  put  into, 
drop  and  leave  in  any  street  or  public  place  in  Salt  Lake  City, 
any  stones,  gravel,  dirt,  manure  or  garbage,  or  allow  the  same 
either  intentionally  or  carelessly  to  drop  or  be  thrown  from  any 
wagon  or  other  vehicle  driven  through  the  streets  of  the  city 
and  allow  the  same  to  remain  without  immediately  removing  it, 
shall,  on  conviction,  be  fined  in  a  sum  not  less  than  five  dollars 
nor  more  than  one  hundred  dollars  for  each  and  every  offense. 

[May  21,  1889;  May  13,  1890.] 

Prohibiting  Distribution  of  Advertisements. 

SEC.  13.  Any  person  who  shall  distribute  in  any  manner 
any  circular,  hand  bill  or  any  advertisement  whatever,  in  and 
upon  the  following  portions  of  streets  of  Salt  Lake  City,  to-wit: 
That  portion  of  East  Temple  street  from  South  Temple  street 
to  Third  South  street;  that  portion  of  South  Temple  street  from 
West  Temple  street  to  State  street;  that  portion  of  First  South 
street  from  West  Temple  street  to  State  street;  that  portion  of 
Second  South  street  from  West  Temple  street  to  State  Street; 
that  portion  of  Third  South  street  from  West  Temple  street  to 
State  Street;  that  portion  of  West  Temple  street  from  South 
Temple  street  to  Third  South  street;  that  portion  of  State  street 
from  Sooth  Temple  street  to  Third  South  street  and  all  of  Com- 
mercial street,  shall  be  deemed  guilty  of  a  misdemeanor,  and  on 
conviction  thereof,  shall  be  fined  in  any  sum  not  exceeding 
twenty-five  dollars  for  each  and  every  offense. 

[May  26,  1891.] 

Owners  to  Set  Hitching  Posts— Iron  Rings. 

SEC.  14  All  persons  owning  buildings  within  the  limits  of 
said  city  may  set  one  or  more  posts  in  the  street,  if  said  streets 
be  eight  rods  wide,  twenty-five  feet  from  the  front  line  of  their 
lots  ;  and  if  said  street  be  five  rods  wide,  said  posts  shall  be  set 
twelve  feet  from  the  front  line  of  their  lots.  When  the  water 
ditches  interfere,  a  variation  may  be  made  sufficient  to  clear 
such  ditch  ;  where  streets  are  of  less  width  than  five  rods,  said 
posts  shall  be  set  one  foot  from  the  outer  edge  of  the  water 


' 


416  STREETS. 


ditch  ;  said  posts  must  be  set  in  a  good,  substantial  manner, 
suitable  for  securing  horses  or  other  animals  ;  Provided,  how- 
ever, that  in  the  paved  districts,  where  streets  are  paved  and 
curbed,  no  posts  shall  be  used,  but  iron  rings  shall  be  sunk  in 
the  sidewalk  for  the  purpose  of  hitching  horses. 
[February  14,  1888.] 

Owners  Mnst  Hitch  Teams. 

SEC.  15.  Any  person  having  charge  of,  or  being  the  driver 
of  a  team,  shall,  while  such  team  is  standing  in  the  streets  or 
any  public  place  of  said  city,  stand  near  the  head  of  the  same, 
or  have  hold  of  the  lines  attached  to  them,  or  secure  them  by  a 
weight  of  not  less  than  twenty  pounds,  or  otherwise  secure 
them  to  some  post  or  other  substantial  place  of  fastening  pre- 
pared for  that  purpose.  Any  person  violating  any  of  the  provi- 
sions of  sections  14  and  15  of  this  chapter  shall  be  liable  to  a 
fine  in  any  sum  not  less  than  two  nor -more  than  fifty  dollars  for 
each  offense. 

[February  14,  1888.] 

\a nit's  of  Streets. 

SEC.  16.  All  the  streets  as  plotted  in  the  several  surveys 
of  Salt  Lake  City  shall  be  known  by  names  as  follows  :  The- 
street  running  on  the  south  side  of  what  is  known  as  the  Tem- 
ple block  of  said  city  shall  be  known  by  the  name  of  South  Tem- 
ple street,  and  the  next  one  south  as  First  South  street,  and  so 
on  in  regular  order  of  number  to  the  southern  limits  of  said 
city.  The  street  running  on  the  west  side  of  said  Temple  block 
shall  be  known  by  the  name  of  West  Temple  street,  and  the 
next  one  west  as  First  West  street,  and  so  on  in  regular  order  of 
number  to  the  western  limits  of  said  city.  The  street  running 
on  the  north  side  of  said  Temple  block  shall  be  known  by  the 
name  of  North  Temple  street,  and  the  next  one  north  as  First 
North  street,  and  so  on,  all  eight-rod  streets,  in  regular  order  of 
number  to  the  northern  limits  of  said  city.  The  street  running 
.on  the  east  side  of  said  Temple  block  shall  be  known  by  the 
name  of  East  Temple  street,  the  next  one  east  as  State  street, 
the  next  one  east  of  State  street  as  Second  East  street,  and  so 
on  in  regular  order  of  number  to  the  eastern  limits  of  said  city. 


STBEETS.  417 


The  street  running  north  and  south  through  block  70,  plat  A> 
Salt  Lake  City  survey,  shall  be  known  as  Commercial  street. 
[February  28,  1860;  February  14,  1888;  May  12,  1891.] 

Streets  in  Plots  I,   D  and  O. 

SEC.  17.  The  streets  commencing  on  the  north  side  of 
South  Temple  street,  in  plots  I,  D  and  G,  and  running  north, 
shall  be  designated  by  the  letters  of  the  alphabet,  as  follows: 
The  first  street  east  of  First  East  street  to  be  named  and  called 
A  street,  the  second,  running  parallel  therewith,  B  street,  the 
third  C  street,  and  so  on  to  the  eastern  extremity  of  the  city. 

The  streets  commencing  at  the  western  extremity  of  plot» 
D  and  I,  and  running  east,  shall  be  designated  by  numbers,  as 
follows:  The  first  street  north  of  South  Temple  street  to  be 
called  First  street,  the  second,  running  parallel  therewith,  Sec- 
ond street,  the  third  Third  street,  and  so  on  to  the  northern 
extremity  of  the  city. 

The  street  commencing  at  First  East  street  and  meander- 
ing along  the  western  limits  of  plots  I  and  D,  up  City  Creek 
canon,  shall  be  designated  and  called  Canon  road. 

[November  6,  1883.] 

Certain  Other  Streets   Named. 

SEC.  18.  The  street  beginning  at  the  north  end  of  East 
Temple  street,  running  north  to  Arsenal  block,  shall  be  called 
Arsenal  street;  the  street  commencing  near  the  south  end  of 
Arsenal  street,  running  in  a  northwesterly  direction,  terminating 
on  First  West  street,  shall  be  called  Center  street;  the  next  street 
east,  running  parallel  with  Center  street,  shall  be  called  Oak 
street;  the  next  street  east,  running  nearly  parallel  with  Oak 
street,  joining  the  city  wall,  shall  be  called  Wall  street;  the 
street  lying  immediately  east  of  Wall  street,  between  blocks  3Q 
and  85,  31  and  34,  and  32  and  33,  plat  E,  Salt  Lake  City  survey,, 
and  running  parallel  with  said  Wall  street,  shall  be  called  Green* 
street;  the  street  running  south  from  Peach  street  to  Second 
North  street  shall  be  called  Quince  street. 

The  street  running  on  the  east  side  of  the  Arsenal  block 
shall  be  called  Strawberry  street;  the  street  running  on  the 

27 


• 


418  STREETS. 


north  line  of  said  Arsenal  block  shall  be  called  Currant  street ; 
the  street  running  on  the  went  line  of  said  Arsenal  block  shall 
foe  called  Pine  street;  and  the  street  running  on  the  south  line 
of  said  Arsenal  block  shall  be  called  Grove  street. 

The  street  commencing  at  First  North  street  and  the  north- 
ern terminus  of  West  Temple  street,  running  directly  north 
twenty  rods,  thence  west  ten  rods,  thence  north  to  Second  North 
street,  shall  be  called  Apple  street;  that  the  street  commencing  at 
the  western  terminus  of  Currant  street,  running  north  to  Quince 
street,  shall  be  called  Locust  street;  the  street  running  from 
Center  to  Currant  street  shall  be  called  Vine  street;  the  street 
running  from  Center  to  Vine  street  shall  be  called  Cedar  street; 
the  street  running  from  First  North  street  to  Currant  street, 
nearly  parallel  with  Vine  street,  shall  be  called  Grape  street. 

The  second  street  north  of  the  Arsenal  block,  running  from 
First  West  to  Wall  street,  shall  be  called  Apricot  street;  the 
next  street  north,  running  from  First  West  to  Wall  street,  shall 
be  called  Plum  street;  the  next  street  north,  running  from  First 
West  to  Wall  street,  shall  be  called  Peach  street;  the  nsxt 
street  north,  running  from  First  West  to  Wall  street,  shall  be 
called  Pear  street;  the  next  street  north,  running  from  Center 
to  W^all  street,  shall  be  called  Cane  street;  the  next  street  north, 
running  from  First  West  to  Wall  street,  shall  be  called  Fir 
street;  the  street  running  from  Currant  to  Apricot  street  shall 
be  called  Almond  street;  and  the  aforenamed  streets  are  hereby 
declared  public  streets  of  Salt  Lake  City. 

[November  6, 1883;  November  8, 1887;  February  14, 1888.] 

Houses  to  Be  Numbered. 

SEC.  19.  It  shall  be  the  duty  of  the  city  marshal  to  furnish 
each  owner  of  any  house  situate  upon  any  street,  lane  or  alley, 
within  the  limits  of  Salt  Lake  City,  a  written  copy  of  the  cor- 
rect number  to  which  said  house  is  entitled;  and  each  owner 
shall,  within  thirty  days  after  such  notice,  cause  a  painted, 
carved  or  cast  duplicate  of  such  number  to  be  placed  in  a  con- 
spicuous position  upon  such  house,  in  a  permanent  and  durable 
manner,  i 

[August  2,  1883.-] 


STREETS.  419 


System  of  Numbering— Initial  Point. 

SEC.  20.  The  city  marshal,  in  numbering  houses  upon  the 
streets  of  the  city,  shall  adhere  in  all  respects  to  the  following 
system  of  numeration,  allowing  fifty  numbers  to  each  side  of  all 
blocks  of  six  hundred  and  sixty  feet  in  length: 

The  initial  point  shall  be  the  junction  of  East  Temple  and 
South  Temple  streets,  and  the  numbering  shall  extend  thence 
east,  west,  north  and  south,  the  even  numbers  always  on  the 
right  and  odd  numbers  on  the  left,  looking  away  from  the  initial 
point. 

To  number  East  Temple  street  and  all  other  streets  parallel 
therewith,  and  lying  south  of  South  Temple  street,  commence 
at  the  southeast  corner  of  the  junction  of  said  streets  severally 
with  South  Temple  street,  and  number  one,  with  number  two 
opposite,  and  number  southward  to  the  southern  limits  of  the 
city. 

To  number  East  Temple  street  and  all  other  streets  parallel 
therewith  lying  north  of  South  Temple  street  and  west  of  sur- 
vey plot  I,  commence  at  the  northwest  corner  of  the  junction  of 
said  streets  severally  with  South  Temple  street,  and  number 
one,  with  number  two  opposite,  and  number  northward  to  the 
northern  termination  of  said  streets  respectively. 

To  number  South  Temple  and  all  other  streets  parallel 
therewith  and  lying  east  of  East  Temple  street  and  south  of 
South  Temple  street,  commence  at  the  northeast  corner  of  the 
junction  of  said  streets  with  East  Temple  street,  and  number 
one,  with  number  two  opposite,  and  number  eastward  to  the 
eastern  limits  of  the  city;  Provided,  that  in  numbering  the 
north  side  of  South  Temple  street,  east  of  First  East  street,  the 
numbers  shall  be  so  placed  as  to  run  consecutively  with  the 
numbers  on  the  south  side  of  said  street,  and  as  nearly  opposite 
each  other  as  the  difference  in  size  of  the  blocks  will  admit. 

To  number  South  Temple  street  and  all  streets  running 
parallel  therewith,  and  lying  west  of  East  Temple  street,  com- 
mence at  the  southwest  corner  of  the  junction  of  said  streets 
respectively  with  East  Temple  street,  and  number  one,  with 
number  cwo  opposite,  and  number  westward  to  the  Jordan  river. 

Provided,  that  all  numbers  of  houses  on  streets  running 


420  STREETS. 


east  from  East  Temple  street  shall  have  added  thereto  the  letter 
E.,  signifying  east;  that  all  numbers  of  houses"  on  streets  run- 
ning west  from  East  Temple  street  shall  have  added  thereto  the 
letter  W.,  signifying  west;  that  all  numbers  of  houses  on  streets 
running  south  from  South  Temple  street  and  West  of  Second 
East  street  shall  have  added  thereto  the  letter  S.,  signifying 
south;  and  that  all  numbers  of  houses  on  streets  west  of  A 
street,  running  north  from  South  Temple  street,  shall  have 
added  thereto  the  letter  N.,  signifying  north. 
[August  2,  1883;  February  14,  1888.] 

Numbering  in  Plots   l».   <•   and   I. 

SEC.  21.  In  numbering  those  portions  of  the  city  included 
in  survey  plots  D,  G  and  I,  lying  north  of  South  Temple  street 
and  East  of  First  East  street,  there  shall  be  allowed  twenty-five 
numbers  to  each  side  of  all  blocks  of  three  hundred  and  thirty 
feet. 

To  number  A  street  and  all  streets  running  parallel  there- 
with, commence  at  the  west  corner  of  the  junction  of  said 
streets  with  South  Temple  street,  and  number  one,  with  num- 
ber two  opposite,  and  number  northward  to  the  northern  termi- 
nation of  said  streets  respectively. 

To  number  First  street  and  all  other  streets  running  paral- 
lel therewith,  commence  at  the  north  corner  of  the  junction  of 
said  streets  with  First  East  street  or  Canon  road,  as  the  case 
may  be,  and  number  one,  with  number  two  opposite,  and  num- 
ber eastward  to  the  eastern  termination  of  said  streets. 

[August  2,  1883;  February  14,  1888.] 

Numbering  in  Plot  E. 

SEC.  22.  In  numbering  that  portion  of  the  city  included 
in  survey  plot  "E,"  there  shall  be  allowed  one  number  to  each 
rod  of  frontage. 

To  number  Center  street  and  all  other  streets  running 
northerly  and  southerly  in  said  plot  "E,"  commence  at  the  west 
corner  of  the  junction  of  said  streets  severally  with  First  North 
street,  or  the  west  corner  of  the  southern  terminus  of  said 
streets  severally,  and  number  one,  with  number  two  opposite,  and 
number  northward  to  the  northern  termination  of  said  streets. 


STREETS.  421 


To  number  Currant  street  and  all  other  streets  running 
easterly  and  westerly,  commence  at  the  north  corner  of  the 
junction  of  said  streets  with  First  West  street,  or  Quince  street, 
and  number  one,  with  number  two  opposite,  and  number  east- 
ward to  the  eastern  termination  of  said  streets  respectively. 

[August2, 1883.] 

Commercial  and  Other  Streets, 

SEC.  23.  Commercial  street,  and  all  other  streets  running 
through  any  block  within  the  city,  but  not  extending  to  the 
initial  points,  shall  be  numbered  separately,  beginning  at  num- 
ber one,  and  be  numbered  in  the  same  order  and  in  accordance 
with  the  system  herein  described. 

[August  2, 1883.] 

District  Numbering  Forbidden. 

SEC.  24.  Hereafter  no  block  or  row  of  houses  shall  be 
designated  by  a  distinct  numbering  of  the  houses  situated 
therein. 

[August  2, 1883.] 

Penalty. 

SEC.  25.  Any  failure  to  comply  with  the  provisions  of  the 
foregoing  six  sections  shall  subject  the  party  offending  to  a  fine 
not  exceeding  five  dollars  for  each  offense. 

[August  2,  1883.] 

Paving;  Streets  or  Alleys. 

SEC.  26.  Whenever  the  city  council  shall  deem  it  necessary 
to  pave,  macadamize  or  repair  any  street  or  alley  within  the  city 
limits  it  shall  determine  the  character,  quality,  extent  and  loca- 
tion of  such  proposed  improvement,  and  cause  an  estimate  to  be 
made  by  the  city  engineer  of  the  cost  thereof,  name  the  paving 
district  specially  to  be  benefited  or  affected  by  the  same,  and 
shall  include  only  lots  and  lands  abutting  upon  the  streets  and 
alleys  to  be  paved,  macadamized  or  repaired,  in  proportion  to 
the  square  feet  or  feet  front,  or  both,  so  abutting  upon  such 
streets  and  alleys,  and  for  that  purpose  the  city  council  shall 


422  STREETS. 


create  suitable  paving  districts  in  the  city,  which  shall  be  con- 
secutively  numbered. 

The  council  shall  set  a  time  when  it  will  meet  to  hear  and 
consider  objections  or  protests  to  the  paving,  repaving,  mac- 
adamizing or  repairing  such  streets  or  alleys,  or  the  defraying 
of  the  expense  thereof  by  local  assessment ;  Provided,  that  one- 
half  the  expense  of  bringing  streets  and  alleys  or  parts  thereof 
to  the  established  grade,  shall  be  paid  out  of  the  general  fund 
of  the  city.  The  final  action  of  the  council  in  respect  to  the 
matters  mentioned  in  this  section  shall  be  entered  and  pre- 
served in  the  city  records. 

[May  29,  1890  ;  April  14,  1891.] 

Notice  of  Intention. 

SEC.  27.  '  The  city  council  shall  next  cause  a  notice  of  its 
intention  to  make  the  improvements  and  defray  the  cost  and 
expense  thereof  by  local  assessment,  describing  the  proposed 
improvement,  naming  the  paying  district  thereof  to  be  affected 
or  benefited  by  the  same,  the  estimated  cost  thereof,  and  desig- 
nating the  time  set  for  the  hearing,  mentioned  in  the  last  sec- 
tion, to  be  published  at  least  twenty  (20)  days  in  a  newspaper 
published  within  the  city,  which  notice  shall  be  substantially  in 
the  following  form  : 

"Notice  is  hereby  given  by  the  city  council  of  Salt  Lake 
City  of  the  intention  of  such  council  to  make  the  following  de- 
scribed improvement,  to-wit : and  defray  the  cost  and 

expense  thereof,  estimated  at dollars,  by  a  local  as- 
sessment upon  the  lots  and  lands  within  Paving  District  Num- 
ber   of  Salt  Lake  City,  abutting  upon  the  streets  and  alleys 

to  be  affected  or  benefited  by  said  improvement,  namely  : 

All  objections  to  the  carrying  out  of  such  intention  must  be 
presented  in  writing  to  the  city  recorder,  on  or  before  the 

day  of 18 .  . . ,  being  the  time  set  by  said 

council  when  it  will  hear  and  consider  such  objections  as  may 
be  made  thereto. 

By  order  of  the  city  council  of  Salt  Lake  City. 

City  Recorder." 

[April  14,  1891.] 


STREETS.  423 


Board  of  Public  Works. 

SEC.  28.  After  the  expiration  of  twenty  (20)  days,  and  ou 
the  day  designated  in  the  notice,  the  council  shall  meet,  and,  if 
written  objections  to  the  making  of  the  improvement,  signed  by 
the  owners  of  one-half  of  the  front  feet  abutting  upon  that  por- 
tion of  the  street,  avenue  or  alley  to  be  so  improved,  be  not  filed 
with  the  recorder,  the  council  shall  have  jurisdiction  to  order 
the  making  of  such  improvements. 

If  the  council  shall  determine  to  proceed  with  the  improve- 
ment, it  shall  make  an  order,  which  shall  be  entered  of  record 
in  the  minutes  of  its  proceedings,  authorizing  and  directing  the 
work  to  be  done  and  improvement  to  be  made  under  the  super- 
vision of  the  board  of  public  works,  and  shall  apportion  and 
assess  the  cost  of  the  improvement,  as  specified  in  the  notice, 
upon  the  lots  and  lands  abutting  upon  the  streets  and  alleys 
within  such  paving  district  to  be  affected  or  benefited  by  such 
improvement,  in  proportion  to  the  square  feet  or  feet  front,  or 
both,  so  abutting  upon  such  streets  and  alleys,  and  to  the  extent 
of  the  benefits  to  such  lots,  parts  of  lots,  lands  and  real  estate 
by  reason  of  such  improvements,  such  benefits  to  be  equal  and 
uniform,  and  an  allowance  may  be  made  for  corner  lots  so  that 
they  shall  not  be  assessed  at  full  rates  on  both  streets,  accord- 
ing to  such  rules  as  the  board  of  equalization  shall  consider  fair 
and  equitable  ;  Provided,  that  the  cost  of  paving,  macadamiz- 
ing or  repairing  the  intersections  of  streets  and  space  opposite 
alleys  in  any  paving  district,  shall  be  paid  by  the  city. 

[April  14,1891.] 

Ordinance  Levying  Tax. 

SEC.  29.  The  council  shall  next  make  an  ordinance  levying 
the  tax  for  the  assessment  of  the  property  in  accordance  with 
the  apportionment  and  determination  of  the  council,  which  ap- 
portionment shall  be  fully  set  forth  in  such  ordinance,  the  total 
costs  of  the  improvements  shall  be  levied  at  one  time  upon  the 
property  to  be  affected  thereby,  and  the  ordinance  shall  also 
designate  by  number  the  paving  district  embracing  the  property 
to  be  taxed. 

[April  14,  1891.] 


424  STREETS. 


To  List  and  Assess  Property. 

SEC.  30.  A  copy  of  the  ordinance,  certified  to  by  the 
recorder,  under  the  corporate  seal  of  the  city,  shall  be  delivered 
to  the  city  assessor  and  collector,  who  shall  immediately  proceed 
to  list  and  assess  the  property,  according  to  the  apportionment 
set  forth  in  said  ordinance,  stating  the  name  of  the  owner,  or, 
if  unknown,  then  stating  the  number  and  dimensions  of  each 
lot  or  piece  of  ground  and  the  amount  of  the  tax  levied  thereon, 
but  it  shall  be  sufficient  to  describe  the  lot  or  piece  of  ground 
as  the  same  is  platted  and  recorded.  He  shall  also  make  a  plat 
to  accompany  said  list,  showing  the  location  of  the  improve- 
ment and  th«  position  of  the  respective  lots  or  pieces  of  ground 
assessed  with  reference  to  the  same,  and  shall  return  and  lodge 
said  list  and  plat,  when  completed,  with  the  recorder,  within 
ten  (10)  days  after  the  receipt  of  such  order,  or  such  further 
time  as  the  council  may  allow. 

[  April  14,  1891.  J 

JBoarcl  of  Equalization  and  Review. 

SEC.  31.  Upon  the  completion  of  the  list  mentioned  in 
section  30  of  this  chapter,  the  city  council  shall  appoint  five  of 
its  members  as  a  board  of  equalization  and  review,  and  the  list 
shall  be  placed  in  the  hands  of  said  board,  and  the  said  board 
shall  give  not  less  than  ten  (10)  days'  public  notice,  by  publica- 
tion in  some  newspaper  published  within  the  city,  of  the  com- 
pletion of  said  list,  and  appoint  not  less  than  five  consecutive 
.days  upon  which  they  will  meet  during  the  usual  business 
hours,  and  state  the  place  of  its  meeting,  and  during  the  time 
specified  the  lists  shall  be  open  to  public  inspection,  and  any 
person  or  persons  feeling  themselves  aggrieved  shall  have  hear- 
ing before  said  board,  and  the  said  board  shall  have  authority 
and  power  to  make  correction  of  any  tax  deemed  by  them  un- 
equal or  unjust.  The  city  assessor  and  collector  shall  be  pres- 
ent at  each  session  of  said  board,  and  note  upon  said  list  such 
corrections  and  changes  as  may  be  ordered  by  the  board,  and 
when  said  list  is  completed  the  council  shall  make  an  ordinance 
confirming  the  assessment  set  forth  in  the  list  as  corrected  by 
the  board  of  equalization,  a  copy  of  which  ordinance,  certified 
to  by  the  recorder,  under  the  corporate  seal,  together  with  such 


STREETS.  425 


Corrected  list,  shall  be  delivered  to  the  city  assessor  and  col- 
lector, and  shall  constitute  his  warrant  for  the  collection  of  said 
taxes. 

[April  14,  1891.] 

Notice  to  Be  Published. 

SEC.  32.  Said  assessor  and  collector,  upon  the  receipt  of 
the  certified  copy  aforesaid,  shall,  without  delay,  give  at  least 
five  days'  notice  in  one  or  more  newspapers  having  general  cir- 
culation in  Salt  Lake  City,  of  the  time  when  such  tax  shall  be- 
come delinquent. 

[April  14,  1891.] 

Personal  Notice  to  Taxpayer. 

SEC.  33.  Upon  the  receipt  of  the  corrected  list  and  ordi- 
nance confirming  the  assessment  aforesaid,  the  assessor  and  col- 
lector shall  collect  the  assessment  in  like  manner  as  in  other 
cases  of  special  taxes,  and  shall  furnish  to  each  taxpayer,  by 
mail,  postage  prepaid,  or  leave  at  his  residence  or  usual  place  of 
business  (if  known),  a  notice  of  the  amount  of  tax  assessed 
against  him,  and  when  and  where  payable. 

[April  14,  1891.] 

When  Taxes  Become  Delinquent. 

SEC.  34.  All  assessments  and  special  taxes  levied  for  the 
purpose  of  paving  the  public  streets,  avenues  and  alleys  in  said 
city  shall  become  delinquent  as  follows: 

One-fourth  of  the  total  amount  of  said  assessment  shall  be- 
come delinquent  in  three  'months  after  the  levy  for  such  pur- 
poses has  been  made;  one-fourth  in  nine  months  after  such 
levy ; .  one-fourth  in  fifteen  months  after  such  levy,  and  one- 
fourth  in  twenty-one  months  after  such  levy.  This  section  shall 
apply  to  all  paving  districts  heretofore  established,  as  well  as  -to 
all  paving  districts  which  may  hereafter  be  established. 

[April  26,  1892.] 

Entire  Cost  May  Be  Paid  in  Fifty  Days . 

SEC.  35.  The  entire  cost  of  making  such  improvement  as 
-aforesaid,  properly  chargeable  to  any  lots  or  lands  within  any 


426  STREETS. 


paving  district,  may  be  paid  by  the  owner  of  such  lots  or  lands 
within  fifty  (50)  days  from  the  levy  of  such  special  taxes,  and 
thereupon  such  lots  or  lands  shall  be  exempt  from  any  lien  or 
charge  therefor. 

[April  14,  1891.] 

Payments  to  City  Treasurer. 

SEC.  36.  The  assessor  and  collector  shall  pay  over  to  the 
city  treasurer  all  moneys  collected  by  him  at  the  end  of  each 
month,  or  sooner,  if  required  by  the  council. 

[April  14,  1891.] 

Curbing  and  Guttering. 

SEC.  37.  Whenever  the  city  council  shall  deem  it  neces- 
sary to  curb,  or  curb  and  gutter  any  street  or  avenue  within  the 
city  limits,  it  shall  determine  the  character,  quality,  extent  and 
location  of  such  proposed  improvement,  and  cause  an  estimate 
to  be  made  by  the  city  engineer  of  the  cost  thereof;  name  the 
paving  district  or  part  thereof  specially  to  be  benefited  or 
affected  by  the  same,  and  shall  include  only  lots  and  lands  abut- 
ting upon  the  streets  and  avenues  to  be  curbed  or  curbed  and 
guttered  in  proportion  to  the  square  feet  or  feet  front,  or  «both, 
so  abutting  upon  such  streets  and  avenues. 

The  council  shall  set  a  time  when  it  will  meet  to  hear  and 
consider  objections  and  protests  to  the  curbing  or  curbing  and 
guttering  streets  or  avenues,  or  the  defraying  of  the  expense 
thereof  by  local  assessment.  The  finaLaction  of  the  council  in 
respect  to  the  matters  mentioned  in  this  section  shall  be  entered 
and  preserved  in  the  city  records. 

[June  3,  1890.] 

\ «u !«•«'  of*  Intention. 

SEC.  38.  The  city  council  shall  next  cause  a  notice  of  its 
intention  to  make  the  improvement  and  defray  the  cost  and  ex- 
pense thereof  by  local  assessment,  describing  the  proposed  im- 
provement, naming  the  paving  district,  or  part  thereof,  to  be 
affected  or  benefited  by  the  same,  the  estimated  cost  thereof, 
and  designating  the  time  set  for  the  hearing  mentioned  in  the 
last  section,  to  be  published  at  least  twenty  days  in  a  newspaper 


STREETS.  427 


published  within  the  city,  which  notice  shall  be  substantially  in 
the  following  form: 

Notice  is  hereby  given  by  the  city  council  of  Salt  Lake 
City,  of  the  intention  of  such  council  to  make  the  following  de- 
scribed improvement,  to-wit : and 

defray  the  cost  and  expense  thereof  estimated  at dollars, 

by  a  local  assessment  upon  the  lots  and  lands  within  paving  dis- 
trict number of  Salt  Lake  City,  abutting  upon  the 

streets  and  avenues  to  be  affected  or  benefited  by  said  improve- 
ment, namely 

All  objections  to  the  carrying  out  of  such  intention  must 
be  presented  in  writing  to  the  city  recorder,  on  or  before  the 

day  of 189 . . ,  being  the 

time  set  by  said  council  when  it  will  hear  and  consider  such  ob- 
jections as  may  be  made  thereto. 

By  order  of  the  city  council  of  Salt  Lake  City. 

City  Recorder. 

[June  3,  1890.] 

Board  of  Public  Works. 

SEC.  39.  After  the  expiration  of  twenty  days  and  on  the 
day  designated  in  the  notice,  the  council  shall  meet,  and  if  writ- 
ten objections  to  the  making  of  the  improvement,  signed  by 
owners  of  one-half  of  the  front  feet  abutting  upon  that  portion 
of  the  street  or  avenue  to  be  so  improved  be  not  filed  with  the 
recorder,  the  council  shall  hear  and  consider  such  objections,  if 
any,  as  have  been  made. 

If  the  council  shall  determine  to  proceed  with  the  improve- 
ment, it  shall  make  an  order,  which  shall  be  entered  of  record 
in  the  minutes  of  its  proceedings,  authorizing  and  directing  the 
work  to  be  done  and  improvement  to  be  made,  under  the  super- 
vision of  the  board  of  public  works,  and  shall  apportion  and 
assess  the  cost  of  the  improvement,  or  the  part  thereof,  as  speci- 
fied in  the  notice,  upon  the  lots  and  lands  abutting  on  the  streets 
and  avenues  within  such  paving  district  to  be  affected  or  bene- 
fited by  such  improvement,  in  proportion  to  the  square  feet  or 
feet  front,  or  both,  so  abutting  upon  such  streets  and  avenues, 
and  to  the  extent  of  the  benefits  to  such  lots,  parts  of  lots,  lands 
and  real  estate  by  reason  of  such  improvement,  such  benefits  to- 


428  STREETS. 


be  equal  and  uniform,  and  an  allowance  may  be  made  for  corner 
lots,  so  that  they  shall  not  be  assessed  at  full  rates  on  both 
streets,  according  to  such  rules  as  the  board  of  equalization 
shall  consider  fair  and  equitable;  Provided,  that  the  cost  of 
curbing  or  curbing  and  guttering  the  space  opposite  alleys  shall 
be  paid  by  the  said  city. 
[June  3, 1890.] 

Ordinance  ^Levying  Tax. 

SEC.  40.  The  council  shall  next  make  an  ordinance  levying 
the  tax,  and  for  the  assessment  of  the  property  in  accordance 
with  the  apportionment  and  determination  of  the  council, 
which  apportionment  shall  be  fully  set  forth  in  such  ordinance, 
the  total  cost  of  the  improvement  shall  be  levied  at  one  time 
upon  the  property  affected  thereby,  and  the  ordinance  shall  also 
designate  by  number  the  paving  district  embracing  the  property 
to  be  taxed. 

[June  3,  1890.] 

To  Ust  and  Assess  Property. 

SEC.  41.  A  copy  of  the  ordinance,  certified  to  by  the 
recorder,  under  the  corporate  seal  of  the  city,  shall  be  delivered 
to  the  city  assessor  and  collector,  who  shall  immediately  proceed 
to  list  and  assess  the  property,  according  to  the  apportionment 
set  forth  in  said  ordinance,  stating  the  name  of  the  owner,  or,  if 
unknown,  then  so  stating  the  number  and  dimensions  of  each 
lot  or  piece  of  ground,  and  the  amount  of  the  tax  levied  there- 
on; but  it  shall  be  sufficient  to  describe  the  lot  or  piece  of 
ground  as  the  same  is  platted  and  recorded.  He  shall  also  make 
a  plat  to  accompany  said  list,  showing  the  location  of  the  im- 
provement and  the  position  of  the  respective  lots  or  pieces  of 
ground  assessed,  with  reference  to  the  same,  and  shall  return 
and  lodge  said  list  and  plat,  when  completed,  with  the  recorder, 
within  ten  days  after  the  receipt  of  such  order,  or  such  further 
time  as  the  council  may  allow. 

[June  3,  1890.] 

Board  of  Equalization  and  Review. 

SEC.  42.  Upon  the  completion  of  the  list  mentioned  in 
section  41  of  this  chapter,  the  city  council  shall  appoint  five  of 


STEEETS.  4291 


its  members  as  a  board  of  equalization  and  review,  and  the  list 
shall  be  placed  in  the  hands  of  said  board,  and  the  said  board 
shall  give  not  less  than  ten  days'  public  notice,  by  publication 
in  some  newspaper  published  within  the  city,  of  the  completion 
of  said  list,  and  appoint  not  less  than  five  consecutive  days  upon 
which  they  will  meet  during  the  usual  business  hours,  state  the 
place  of  its  meeting,  and  during  the  time  specified  the  list  shall 
be  open  to  public  inspection,  and  any  person  or  persons  feeling 
themselves  aggrieved  shall  have  hearing  before  said  board,  and 
the  said  board  shall  have  authority  to  make  correction  of  any 
'tax  deemed  by  them  unjust.  The  city  assessor  and  collector 
shall  be  present  at  each  session  of  said  board,  and  note  upon 
said  list  such  corrections  and  changes  as  may  be  ordered  by 
the  board,  and  when  said  list  is  completed,  the  council  shall 
make  an  ordinance  confirming  the  assessment  set  forth  in  the 
list  as  corrected  by  the  board  of  equalization,  a  copy  of  which 
ordinance,  certified  by  the  recorder  under  the  corporate  seal,, 
together  with  such  corrected  list,  shall  be  delivered  to  the  city 
assessor  and  collector,  and  shall  constitute  his  warrant  for  the 
collection  of  said  taxes. 
[June  3, 1890.] 

Notice  to  Be  Published. 

SEC.  43.  Said  assessor  and  collector,  upon  the  receipt  of 
the  certified  copy  aforesaid,  shall,  without  delay,  give  at  least  five 
days'  notice,  in  one  or  more  newspapers,  having  general  circula- 
tion in  Salt  Lake  City,  of  the  time  when  such  tax  shall  become 
delinquent. 

[June3,  1890.] 

Personal  Notice  to  Taxpayer. 

SEC.  44.  Upon  receipt  of  the  corrected  list  and  ordinance 
confirming  the  assessment  aforesaid,  the  assessor  and  collector 
shall  collect  the  assessment  in  like  manner  as  in  other  cases  of 
special  taxes,  and  shall  furnish  to  each  taxpayer  by  mail,  postage 
prepaid,  or  leave  at  his  residence  or  usual  place  of  business  (if 
known),  a  notice  of  the  amount  of  tax  assessed  against  him  and 
when  and  where  payable. 

[June  3,  1890.] 


430  STREETS. 


When  Taxes  Become  Delinquent. 

SEC.  45.  All  assessments  and  special  taxes  levied  for  the 
purpose  of  curbing  or  curbing  and  guttering  any  of  the  public 
streets,  avenues  or  alleys  in  said  city,  shall  become  delinquent 
as  follows:  One-fourth  of  the  total  amount  of  said  assessment 
shall  become  delinquent  in  three  months  after  the  levy  for  such 
purposes  has  been  made;  one-fourth  in  nine  months  after  such 
levy;  one-fourth  in  fifteen  months  after  such  levy,  and  one- 
fourth  in  twenty-one  months  after  such  levy.  This  section  shall 
apply  to  all  curbing  districts  heretofore  established  as  well  as 
to  all  curbing  districts  which  may  hereafter  be  established. 

Entire  Cost  May  Be  Paid  in  Fifty  Days. 

SEC.  46.  The  entire  cost  of  making  such  improvement  as 
aforesaid,  properly  chargeable  to  any  lots  or  lands  within  any 
paving  district,  may  be  paid  by  the  owner  of  such  lots  or  lands 
within  fifty  days  from  the  levy  of  such  special  taxes,  and  there- 
upon such  lots  or  lands  shall  be  exempt  from  any  lien  or  charge 
therefor. 

[June  3,  1890.] 

v  Payments  to  City  Treasurer. 

SEC.  47.  The  assessor  and  collector  shall  pay  over  to  the 
city  treasury  all  moneys  collected  by  him,  at  the  end  of  each 
month,  or  sooner  if  required  by  the  council. 

[June  3,  1890. J 

Water  and  Sewer  Connections. 

SEC.  48.  Thirty  days  before  the  work  of  paving  any  street 
is  begun,  the  superintendent  of  water  works  and  sewer  construc- 
tion shall  be  notified  and  required  to  put  in  all  necessary  water 
and  sewer  connections,  between  the  water  mains  and  sewer  lat- 
eral, and  the  curb  lines  of  the  street  proposed  to  be  paved,  and 
the  gas  company  shall  be  likewise  notified  and  required  to  lay 
all  necessary  gas  pipes,  in  order  to  connect  the  property  abut- 
ting on  said  street  with  the  gas  mains.  In  case  the  said  gas 
company  neglect  or  fail  to  do  the  same,  then  the  board  of  public 
works  may  cause  the  same  to  be  done,  and  the  cost  thereof  shall 
be  deducted  from  any  indebtedness  of  the  city  to  said  company, 


STREETS.  431 

and  no  bills  shall  be  paid  to  saicj/  company  by  the  city  until  all 
such  expenses  for  gas  pipe  laying  shall  have  been  liquidated.  All 
owners  of  property  on  such  streets  shall  be  notified  at  least  thirty 
days  by  publication  in  some  newspaper  printed  and  published 
in  the  city  of  Salt  Lake  before  the  work  of  paving  any  street  is 
begun,  and  required  to  make  the  necessary  connection  for  water 
and  sewers  across  the  sidewalk  to  the  property  lines,  and  in  case 
said  property  owners  neglect  or  refuse  to  do  the  same,  it  shall 
be  done  by  the  city,  and  the  cost  thereof  shall  be  assessed  upon 
the  property  opposite  such  connections,  of  the  parties  refusing 
to  make  such  connections  to  such  depths  as  the  council  sitting 
as  a  board  of  equalization  shall  deem  just  and  equitable. 
[June  10,  1890.] 

Paving  Districts. 

SEC.  49.  The  following  paving  districts  are  hereby  cre- 
ated, defined  and  established  in  Salt  Lake  City,  viz  : 

District  No.  1 — Shall  be  and  consist  of  all  that  portion  of 
State  street  of  said  city,  being  and  lying  between  the  north  line 
of  Fourth  South  street  of  said  city,  at  the  intersection  of  said 
streets,  and  the  south  line  of  South  Temple  street  of  said  city, 
at  the  intersection  of  said  State  street  with  said  South  Temple 
street,  together  with  all  the  lots  and  parts  of  lots  of  land  abut- 
ting or  fronting  on  both  sides  of  said  State  street  and  situated 
between  said  intersections,  and  prorated  and  scaled  back  east 
and  west  to  the  depth  of  fifty  feet  from  their  respective  fronts 
on  the  east  and  west  sides  of  said  State  street. 

District  No.  2 — Shall  be  and  consist  of  all  that  portion  of 
East  Temple  street  of  said  city  being  and  lying  between  the 
north  line  of  Fourth  South  street  of  said  city,  at  the  intersec- 
tion of  said  streets,  and  the  south  line  of  South  Temple  street 
of  said  city,  at  the  intersection  of  said  East  Temple  street  with 
said  South  Temple  street,  together  with  all  the  lots  and  parts  of 
lots  of  land  abutting  or  fronting  on  both  sides  of  said  East 
Temple  street  and  situated  between  said  intersections,  and  pro- 
rated and  scaled  back  east  and  west  to  the  depth  of  fifty  feet 
from  their  respective  fronts  on  the  east  and  west  sides  of  said 
East  Temple  street. 

District  No.  3 — Shall  be  and  consist  of  all  that  portion  of 


432  •  STREETS. 


West  Temple  street  of  said  city,  being  and  lying  between  the 
north  line  of  Fourth  South  street  of  said  city,  at  the  intersec- 
tion of  said  streets,  and  the  south  line  of  South  Temple  street  of 
said  city,  at  the  intersection  of  said  West  Temple  street  with 
said  South  Temple  street,  together  with  all  the  lots  and  parts  of 
lots  of  land  abutting  or  fronting  on  both  sides  of  said  West 
Temple  street  and  situated  between  said  intersections,  and  pro- 
rated and  scaled  back  east  and  west  to  the  depth  of  fifty  feet 
from  their  respective  fronts  on  the  east  and  west  sides  of  West 
Temple  street. 

District  No.  4 — Shall  be  and  consist  of  all  that  portion  of 
First  South  street  of  said  city,  being  and  lying  between  the 
east  line  of  West  Temple  street  of  said  city,  at  the  intersection 
of  said  streets,  and  the  west  line  of  State  street  in  said  city,  at 
the  intersection  of  said  First  South  street  with  said  State  street, 
together  with  all  the"  lots  and  parts  of  lots  of  land  abutting  or 
fronting  on  both  sides  of  said  First  South  street  and  situated 
between  said  intersections,  and  prorated  and  scaled  back  north 
and  south  to  the  depth  of  fifty  feet  from  their  respective  fronts 
on  the  north  and  south  sides  of  said  First  South  street. 

District  No.  5 — Shall  be  and  consist  of  all  that  portion  of 
Second  South  street  of  said  city,  being  and  lying  between  the 
east  line  of  West  Temple  street  of  said  city,  at  the  intersection 
of  said  streets  and  the  west  line  of  State  street  in  said  city,  at 
the  intersection  of  said  Second  South  street  with  said  State 
street,  together  with  all  the  lots  and  parts  of  lots  of  land  abut- 
ting or  fronting  on  both  sides  of  said  Second  South  street  and 
situated  between  said  intersections,  and  prorated  and  scaled 
back  north  and  south  to  the  depth  of  fifty  feet  from  their  re- 
spective fronts  on  the  north  and  south  sides  of  said  Second 
South  street. 

District  No.  6 — Shall  be  and  consist  of  all  that  portion  of 
Third  South  street  of  said  city,  being  and  lying  between  the 
east  line  of  West  Temple  street  of  said  city,  at  the  intersection 
of  said  streets  and  the  west  line  of  State  street  in  said  city,  at 
the  intersection  of  said  Third  South  street  with  said  State 
street,  together  with  all  the  lots  and  parts  of  lots  of  land  abut- 
ting or  fronting  on  both  sides  of  said  Third  South  street  and 
situated  between  said  intersections,  and  prorated  and  scaled 


STREETS.  433 


back  north  and  south  to  the  depth  of  fifty  feet  from  their  re- 
spective fronts  on  the  north  and  south  sides  of  said  Third  South 
street. 

[June  3,  1890;  September  2,  1890;  April  21,  1891;  May 
12,  1891;  May  19,1891.] 

District  No.  7— All  of  South  Temple  street  from  the  west 
line  of  State  street  to  the  east  line  of  West  Temple  street,  and 
all  of  First  South  street  from  the  east  line  of  State  street  to 
the  west  line  of  Second  East  street,  and  all  of  Second  South 
street  from  the  east  line  of  State  street  to  the  west  line  of  Sec- 
ond East  street,  and  all  of  Third  South  street  from  the  east  line 
of  State  street  to  the  west  line  of  Second  East  street;  also  all 
of  First  South  street  from  the  west  line  of  West  Temple  street 
to  the  east  line  of  First  West  street,  and  all  of  Second  South 
street  from  the  west  line  of  West  Temple  street  to  the  east  line 
of  First  West  street. 

District  No.  8— All  of  Market  street. 

District  No.  9 — All  of  Franklin  avenue. 

All  of  the  above  named  streets  and  parts  of  streets  and 
avenue  lying  and  being  within  the  limits  of  Salt  Lake  City. 

[May  10,  1892.] 


28 


434  STREET    RAILWAYS. 


CHAPTER  XLVII. 


STREET  KAIL  WAYS. 


A   RESOLUTION 

GRANTING    A     FRANCHISE    TO     THE     SALT     LAKE     CITY     RAILROAD 

COMPANY. 


Franchise   to   Salt   Lake   City   Railroad   Company   for 
Twenty  Years.* 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City :  That  the  "  Salt  Lake  City  Railroad  Company,"  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  horse,  electric  or  cable  motive  power  a 
single  or  double  track  street  railroad,  together  with  all  the 
necessary  switches  for  the  accommodation  of  said  road,  on  the 
following  streets  of  said  city,  namely: 

Beginning  for  the  main  line  at  a  point  about  ten  rods  north 
from  where  South  Temple  street  intersects  Third  West  street, 
in  Salt  Lake  City,  county  of  Salt  Lake,  Territory  of  Utah: 
thence  south  a  distance  of  about  fourteen  rods;  thence  east  on 
South  Temple  street  to  West  Temple  street;  thence  south  on 
West  Temple  street  to  First  South  street;  thence  east  on  First 
South  street  to  East  Temple  street;  thence  south  on  East  Tem- 
ple street  to  Third  South  street;  thence  east  on  Third  South 
street  to  Seventh  East  street;  thence  south  on  Seventh  East 

*  For  earlier  franchises  granted  Salt  Lake  City  Railroad  Company  see  ordinances 
passed  March  1,  1872;  April  9,  1872;  April  26,  1872;  September  13,  1872:  February  11,  1873; 
May  27, 1873;  January  6, 1876,  and  February  5,  1878,  to  be  found  in  Books  B  and  C  of  ordi- 
nances in  the  office  of  the  city  recorder. 


STREET   RAILWAYS.  435 


street  to  the  intersection  of  Ninth  South  and  Seventh  East 
streets. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  main  line  at  the  intersection  of  South  Temple  and  West 
Temple  streets,  and  running  thence  east  on  South  Temple  street 
to  East  Temple  street. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  main  line  at  the  intersection  of  West  Temple  street  and 
First  South  street,  running  thence  east  on  First  South  street  to 
the  Fort  Douglas  military  reservation. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  main  line  at  the  intersection  of  East  Temple  and  First 
South  streets,  running  thence  north  on  East  Temple  street  to 
the  intersection  of  South  Temple  street;  thence  east  on  South 
Temple  street  to  the  Fort  Douglas  military  reservation. 

A  branch  line  beginning  at  the  point  of  connection  with  the 
branch  line  at  the  intersection  of  South  Temple  street  and  E 
street  and  running  thence  north  on  E  street  to  Third  street; 
thence  east  on  Third  street  to  the  Fort  Douglas  military  reser- 
vation. 

A  branch  line  beginning  at  the  point  of  connection  with  the 
main  line,  at  the  intersection  of  Second  West  and  South  Temple 
streets,  thence  north  on  Second  West  street,  to  the  Warm 
Springs  bath-houses,  which  are  located  on  block  168,  plot  A,, 
Salt  Lake  City  survey. 

A  branch  line  beginning  at  the  point  of  connection  with' 
the  main  line  at  the  intersection  of  East  Temple  street  and 
Third  South  street,  thence  south  on  East  Temple  street  to  Fifth 
South  street;  thence  west  on  Fifth  South  street  to  the  River 
Jordan. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  branch  line  at  the  intersection  of  East  Temple  street  and 
Fifth  South  street;  thence  east  on  Fifth  South  street  to  Fifth 
East  street;  thence  south  on  Fifth  East  street  to  Ninth  South 
street. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  main  line  at  the  intersection  of  West  Temple  street  and 
First  South  street;  thence  west  on  First  South  street  to  the^ 
River  Jordan. 


436  STREET   RAILWAYS. 


A  branch  line  beginning  at  the  point  of  connection  with 
the  main  line  at  the  intersection  of  East  Temple  street  and  Third 
South  street;  thence  west  on  Third  Soutk  street  to  the  River 
Jordan. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  branch  line  at  the  intersection  of  First  South  and  Fifth 
West  streets;  and  running  thence  south  on  Fifth  West  street  to 
the  branch  line  at  the  intersection  of  Fifth  West  street  and 
Third  South  street. 

A  branch  line  beginning  at  the  point  of  connection  with 
the  branch  line  at  the  intersection  of  Fifth  West  street  and 
Second  South  street;  thence  east  on  Second  South  street  to 
Tenth  East  street;  thence  south  on  Tenth  East  street  to  Fourth 
South  street,  on  the  following  conditions,  viz: 

Sueh  track  or  tracks  to  be  laid  on  such  grades  as  are  now 
or  may  hereafter  be  established  by  the  city  council.  In  con- 
sideration of  this  franchise,  the  grantee,  its  successors  and 
assigns  aforesaid,  are  hereby  required  to  keep  in  good  repair  the 
space  inside  the  track,  and  a  space  two  feet  each  side  of  the 
same,  and  also  to  use  no  steam  power  unless  the  same  be  sta- 
tionary, on  any  part  of  the  road  for  propelling  cars,  unless  per- 
mitted by  the  city  council.  And  the  grantees  aforesaid  shall 
place  cars  upon  said  railroad,  with  all  necessary  modern  im- 
provements for  the  convenience  and  comfort  of  passengers, 
which  shall  be  run  thereon,  each  and  every  day  both  ways,  as 
often  as  the  public  convenience  may  require,  and  at  a  rate  of 
speed  not  exceeding  twelve  miles  per  hour,  and  under  such  regu- 
lations as  the  city  council  may  from  time  to  time  prescribe; 
Provided,  that  the  grantees  aforesaid  shall  comply  with  the 
directions  of  the  city  council  in  the  construction  of  said  railroad, 
and  in  any  other  matter  connected  with  the  regulations  of  the 
same,  and  that  the  track  or  tracks  shall  be  constructed  in  the 
center  of  the  streets  unless  otherwise  directed  by  the  city  coun- 
cil, and  in  such  a  manner  as  shall  be  approved  by  the  street 
supervisor,  the  track  to  be  laid  and  the  road  operated,  so  as  to 
cause  no  unnecessary  impediment  to  the  common  and  ordinary 
use  of  said  streets  for  all  purposes;  and  that  the  water  courses 
of  said  streets  be  left  free  and  unobstructed;  said  track  to 
be  laid  upon  a  good  foundation,  even  with  the  surface  of  the 


STREET   RAILWAYS.  437 


roadway;  and  good  and  permanent  crossings  shall  be  made  by 
the  grantees  aforesaid  at  the  intersection  of  streets  and  else- 
where wherever  the  same  shall  be  necessary,  at  the  discretion  of 
the  city  council,  and  under  the  direction  and  to  the  acceptance 
of  the  street  supervisor.  The  price  of  a  single  passage  shall  not 
exceed  ten  cents,  and  no  charge  shall  be  made  in  excess  thereof; 
said  company  shall  pay  into  the  city  treasury  at  the  rate  of  not 
exceeding  twenty-five  dollars  per  annum,  for  each  and  every 
car  used  upon  its  lines,  but  otherwise  said  company  shall  not  be 
liable  to  pay  any  per  capita  tax  whatever. 

SEC.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty  years  from  the  date  of  the  passage  of  this  resolution, 
and  accepted  on  the  following  conditions,  viz:  That  if  the 
grantee,  its  successors  and  assigns  shall  fail  to  perform  all  the 
stipulations  of  this  resolution,  the  city  council,  after  sixty  days' 
notice,  and  on  failure  on  the  part  of  said  company  to  provide  a 
remedy  or  make  satisfactory  arrangements  therefor,  may,  by  a 
two-thirds  vote  declare  the  privileges  herein  granted  forfeited, 
and  proceed  to  take  possession  of  the  road  bed,  and  control  the 
same  as  if  this  resolution  had  not  been  passed. 

SEC.  3.  That  nothing  in  this  grant  shall  be  so  construed 
as  to  prevent  Salt  Lake  City  or  its  authorized  agents  from  pav- 
ing, sewering,  laying  gas  or  water  mains  or  pipes,  altering, 
repairing  or  in  any  manner  improving  any  of  the  streets  men- 
tioned herein,  or  any  other  streets  of  said  city;  but  all  such 
improvements  shall  be  made  with  as  little  injury  as  practicable 
to  said  railway  and  the  operating  thereof. 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railway  the  said  grantee  and  its  successors  and  assigns  shall  at 
all  times  conform  to  such  ordinances,  rules  and  regulations  as 
have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  one  hundred 
dollars. 

SEC.  5.  Tbat  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  damage  that  may  occur  in  the  construction 
or  operation  of  said  railway  by  reason  of  the  default  or  mis- 
conduct of  the  said  grantee  and  its  successors  and  assigns  or 


438  STREET   RAILWAYS. 


their  employes,  and  the  acceptance  of  this  grant  shall  be  deemed 
an  agreement  on  the  part  of  the  said  grantee,  for  itself  and  its 
successors  and  assigns,  to  save  the  said  city  harmless  from  and 
against  all  liability,  loss,  costs,  expense  or  damage  of  any  nature 
arising  out  of  any  such  default  or  misconduct,  or  which  may 
accrue  by  reason  of  any  accident  or  injury  which  may  occur  in 
or  by  reason  of  the  construction  or  operation  of  said  railway, 
and  to  indemnify  and  repay  said  city  for  any  loss,  costs,  expense 
or  damage  of  any  kind  it  may  sustain  by  reason  of  any  such 
default,  misconduct,  accident  or  injury;  and  if  any  judgment 
for  damages  for  any  such  default,  misconduct,  accident  or  injury 
shall  be  recovered  against  the  said  city,  the  recovery  thereof 
and  the  judgment  therefor  shall  be  final  as  between  the  said 
city  and  the  said  grantee  and  its  successors  and  assigns,  and 
conclusive  as  to  the  liability  of  the  latter  to  the  former. 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  sixty  (60)  days  after  the  passage  of  this  resolution,  the 
same  shall  become  void  and  of  no  effect. 

SEC  .  7.  Unless  the  cars  upon  at  least  four  miles  of  the 
track  of  said  company  be  operated  by  electric  or  cable  motive 
power  within  six  months  from  the  date  of  the  passage  of  this 
resolution,  the  franchise  hereinbefore  granted  to  said  company 
shall  become  null  and  void. 

[January  26,  A.  D.  1889.] 


8TEEET   RAILWAYS.  439 


A   RESOLUTION 

GEANTING     A     FRANCHISE     TO     THE    SALT    LAKE     CITY    RAILROAD 

COMPANY. 


Franchise   to  Salt  Lake   City   Railroad   Company    for 
Twenty  Years.* 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  "Salt  Lake  City  Railroad  Company,"  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  horse,  electric  or  cable  motive  power  a 
single  or  double  track  street  railroad,  together  with  all  the 
necessary  switches  for  the  accommodation  of  said  road,  on  the 
following  streets  of  said  city,  namely: 

Along  Ninth  East  street  from  South  Temple  street  to  Ninth 
South  street;  along  Ninth  South  street  from  Fifth  East  street 
to  Ninth  East  street;  along  East  Temple  street  from  Fifth  South 
street  to  Ninth  South  street;  along  Second  West  street  from 
South  Temple  street  to  Eighth  South  street;  thence  westward 
along  Eighth  South  street  to  the  Jordan  rirer;  along  East 
Temple  street  from  South  Temple  to  First  North  street;  along 
West  Temple  street  from  South  Temple  street  to  First  North 
street;  thence  along  First  North  street  one  block  to  First  West 
street;  thence  along  First  West  street  to  Wall  street;  thence 
along  Wall  street  to  the  Warm  springs;  along  Fifth  West  street 
from  First  South  street  to  Ninth  North  street;  along  Second 
North  street  from  First  West  street  to  Eleventh  West  street; 
along  Ninth  South  street  from  Fifth  East  street  to  East  Temple 
street;  along  Second  South  street  from  Fifth  West  street  to 
Sixth  West  street,  on  the  following  conditions,  viz. : 

Such  track  or  tracks  to  be  laid  on  such  grades  as  are  now  or 
may  hereafter  be  established  by  the  city  council.  In  considera- 
tion of  this  franchise,  the  grantees,  its  successors  and  assigns 
aforesaid,  are  hereby  required  to  keep  in  good  repair  with  the 

*  Confirmed  and  made  absolute  January  20, 1891. 


' 


440  STREET   RAILWAYS. 


same  material  and  in  the  same  manner  as  the  rest  of  the  street 
is  or  may  be  paved,  the  space  inside  the  track,  and  a  space  two 
feet  each  side  of  the  same,  including  all  spaces  between  double 
tracks  where  the  same  may  be  constructed,  and  also  to  use  no 
steam  power,  unless  the  same  be  stationary,  on  any  part  of  the 
road  for  propelling  cars,  unless  permitted  by  the  city  council. 

[The  remainder  of  this  section,  beginning  with  the  words 
"And  the  grantees  aforesaid,"  and  sections  two,  three,  four  and 
five  of  this  resolution,  are  exactly  identical  in  language  to  the 
like  numbered  sections  in  the  resolution  granting  a  franchise  to 
the  Salt  Lake  City  Railroad  Company,  passed  January  26,  1889. 
See  pages  436-7.  ] 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution,  or 
if  work  be  not  commenced  within  sixty  (60)  days  after  said  ac- 
ceptance, or  if  work  be  not  completed  on  at  least  five  miles  of 
said  road  within  nine  months  after  said  acceptance,  then  this 
grant  and  franchise  shall  become  null  and  void. 

[February  11,  1890.] 


A  RESOLUTION 

GRANTING   A   FRANCHISE   TO   THE   SALT   LAKE   CITY   RAILROAD 

COMPANY. 


Franchise   to    Salt   Lake   City  Railroad  Company    for 
Twenty  Years.* 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City :  That  the  Salt  Lake  City  Railroad  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  electric  or  cable  motive  power  a  single  or 
double  track  street  railroad,  together  with  all  the  necessary 

*Confirmed  and  made  absolute  January  20, 1891. 


STREET   RAILWAYS.  441 


switches  for  the  accommodation  of  said  road,  on  the  following 
streets  of  said  city,  namely: 

First — Commencing  at  the  intersection  of  Ninth  East  and 
Ninth  South  streets,  thence  east  on  Ninth  South  Street  to 
Eleventh  East  street,  thence  south  on  said  street  to  the  southern 
limits  of  Salt  Lake  City. 

Second— On  First  East  street,  from  South  Temple  street  to 
First  Street,  from  intersection  of  First  East  and  First  streets, 
east  on  First  street  to  center  of  A  street,  thence  north  on  A 
street  to  Third  street,  thence  east  on  Third  street  to  E  street. 
Also  commencing  on  Third  Street  at  intersection  with  B  street, 
to  Sixth  street,  thence  east  on  Sixth  street  to  city  cemetery. 

Third — Commencing  at  the  intersection  of  Fourth  South 
and  Tenth  East  streets,  thence  south  to  Fifth  South  street, 
thence  east  on  Fifth  South  street  to  the  Mount  Olivet  cemetery. 

Fourth — On  North  Temple  street,  from  Fifth  West  street 
west  to  the  city  limits. 

Fifth — On  North  Temple  street  west  from  East  Temple 
street  to  West  Temple  street. 

Sixth — On  Fifth  South  street  east  from  Fifth  East  street  to 
Ninth  East  street. 

Provided,  that  on  First  street,  First  East  street,  on  A  street 
between  First  and  Second  streets,  on  Tenth  East  street,  on  Fifth 
South  street  between  Tenth  and  Eleventh  East  streets,  and  on 
North  Temple  street  between  East  Temple  and  West  Temple 
streets,  said  company  be  restricted  to  a  single  track  and  no 
switches  unless  authorized  by  the  city  council. 

On  the  following  conditions,  viz. : 

Such  track  or  tracks  to  be  laid  on  such  grades  as  are  now 
or  may  hereafter  be  established  by  the  city  council.  In  consid- 
eration of  this  franchise,  the  grantee,  its  successors  and  assigns 
aforesaid,  are  hereby  required  to  keep  in  good  repair  with  the 
same  material  and  in  the  same  manner  as  the  rest  of  the  street 
is  or  may  be  paved,  the  space  inside  the  tracks,  and  a  space  two 
feet  each  side  of  the  same,  including  all  spaces  between  double 
tracks  where  the  same  may  be  constructed,  and  also  to  use  no 
steam  power  unless  the  same  be  stationary,  on  any  part  of  the 
road  for  propelling  cars,  unless  permitted  by  the  city  counciL 
And  the  grantee  aforesaid  shall  place  cars  upon  said  railroad 


442  STREET   RAILWAYS. 


with  all  necessary  modern  improvements  for  the  convenience 
and  comfort  of  passengers,  which  shall  be  run  thereon  each  and 
-every  day  both  ways,  as  often  as  the  public-  convenience  may  re- 
quire, and  at  rate  of  speed  not  exceeding  twelve  miles  per  hour, 
and  under  such  regulations  as  the  city  council  may  from  time 
to  time  prescribe;  Provided,  that  the  grantee  aforesaid  shall 
comply  with  the  directions  of  the  city  council  in  the  construc- 
tion of  said  railroad,  and  in  any  other  matter  connected  with  the 
regulation  of  the  same,  and  that  the  track  or  tracks  shall  be 
-constructed  ia  the  center  of  the  streets,  unless  otherwise  direct- 
ed by  the  city  council,  and  in  such  a  manner  as  shall  be  ap- 
proved by  the  street  supervisor,  the  track  to  be  laid  and  the 
road  operated  so  as  to  cause  no  unnecessary  impediment  to  the 
common  and  ordinary  use  of  said  streets  for  all  purposes,  and 
that  the  water-courses  of  said  streets  be  left  free  and  unob- 
structed; said  track  to  be  laid  upon  a  good  foundation,  even 
with  the  surface  of  the  roadway,  and  on  such  streets  as  are 
paved  flat  rails  shall  be  used,  and  good  and  permanent  crossings 
shall  be  made  by  the  grantee  aforesaid  at  the  intersection  of 
streets  and  elsewhere  wherever  the  same  shall  be  necessary,  at 
the  discretion  of  the  city  council  and  under  the  direction  and  to 
the  acceptance  of  the  street  supervisor.  The  price  of  a  single 
passage  shall  not  exceed  five  cents,  and  no  charge  shall  be  made 
in  excess  thereof;  said  company  shall  pay  into  the  city  treasury 
a  per  capita  tax  of  1^  mills  for  each  and  every  fare  collected. 

[Sections  two,  three  and  five  are  identical  in  language  with 
similarly  numbered  sections  in  the  resplution  granting  a  fran- 
chise to  the  Salt  Lake  City  Railroad  Company,  passed  January 
26,1889.  See  page  437.] 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railway  the  said  grantee  and  its  successors  and  assigns  shall  at 
all  times  conform  to  such  ordinances,  rules  and  regulations  as 
have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  one  hundred 
dollars. 

That  whenever  the  city  council  shall  find  it  necessary  or 
desirable  to  grant  to  any  other  street  railroad  company  a  f  ran- 


STREET    RAILWAYS.  443 


chise  over  any  of  the  streets  herein  granted,  to  secure  to  such 
other  company  a  connection  with  any  important  center  or  ter- 
minus, grantee  herein  shall  allow  running  arrangements  over 
grantee's  tracks  to  such  other  company  on  streets  where  said 
grantee  may  have  a  double  track,  upon  such  other  company 
making  equitable  payment  for  constructing,  maintaining  and 
operating  the  portion  of  said  grantee's  track  so  used. 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
therein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution,  or 
if  work  be  not  commenced  within  sixty  (60)  days  after  said 
acceptance,  then  this  grant  shall  become  null  and  void. 

The  number  of  miles  of  track  completed  upon  the  lines 
hereinbefore  described  within  six  months  after  the  passage  of 
this  resolution  shall  be  credited  to  said  company,  and  be  deemed 
and  accepted  as  in  performance  of  the  requirement  contained 
in  section  6  of  the  resolution  granting  a  franchise  to  said  com- 
pany, adopted  February  11,  1890,  to  complete  five  miles  of  road 
within  nine  months  after  the  acceptance  of  said  grant,  and  all 
rights  on  that  portion  of  streets  herein  granted  on  which  said 
road  is  not  actually  constructed  and  operated  within  three  years 
after  such  acceptance,  shall  at  once  be  forfeited  to  the  city. 

[May  20,  1890.] 


A    RESOLUTION 

•GRANTING   A   FRANCHISE   TO   THE   SALT  LAKE  CITY  RAILROAD  COM- 
PANY. 


Franchise   to   Salt    Lake   City    Railroad  Company    for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City  :  That  the  Salt  Lake  City  Railroad  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  electric  or  cable  motive  power  a  single  or 


444  STBEET   RAILWAYS. 


double  track  street  railroad,  together  with  all  the  necessary 
switches  for  the  accommodation  of  said  road,  on  the  following 
streets  of  said  city,  namely  : 

Commencing  at  the  intersection  of  Ninth  South  and  Sev- 
enth East  streets,  thence  south  on  Seventh  East  street  to  the 
city  limits,  thence  west  on  Roper  street  to  Sixth  East  street. 

On  the  following  conditions,  namely  : 

Such  track  or  tracks  to  be  laid  on  such  grades  as  are  now 
or  may  hereafter  be  established  by  the  city  council.  In  consid- 
eration of  this  franchise,  the  grantees,  its  successors  and  assigns 
aforesaid,  are  hereby  required  to  keep  in  good  repair  with  the 
same  material  and  in  the  same  manner  as  the  rest  of  the  street 
is  or  may  be  paved,  the  space  inside  the  track,  and  a  space  two 
feet  each  side  the  same,  including  all  spaces  between  double 
tracks  where  the  same  may  be  constructed,  and  also  to  use  no 
steam  power,  unless  the  same  be  stationary,  on  any  part  of  the 
road  for  propelling  cars,  unless  permitted  by  the  city  council. 
And  the  grantees  aforesaid  shall  place  cars  upon  said  railroad 
with  all  necessary  modern  improvements  for  the  convenience 
and  comfort  of  passengers,  which  shall  be  run  thereon  each  and 
every  day  both  ways,  as  often  as  the  public  convenience  may  re- 
quire, and  at  a  rate  of  speed  not  exceeding  twelve  miles  per 
hour,  and  under  such  regulations  as  the  city  council  may  from 
time  to  time  prescribe  ;  Provided,  that  the  grantees  aforesaid 
shall  comply  with  the  directions  of  the  city  council  in  the  con- 
struction of  said  railroad,  and  in  any  other  matter  connected 
with  the  regulations  of  the  same,  and  that  the  track  or  tracks 
shall  be  constructed  in  the  center  of  the  street,  unless  otherwise 
directed  by  the  city  council,  and  in  such  manner  as  shall  be  ap- 
proved by  the  street  supervisor,  the  track  to  be  laid  and  the 
road  operated,  so  as  to  cause  no  unnecessary  impediment  to  the 
common  and  ordinary  use  of  said  streets,  for  all  purposes  ;  and 
that  the  water  courses  of  said  street  be  left  free  and  unob- 
structed ;  said  track  to  be  laid  upon  a  good  foundation,  even 
with  the  surface  of  the  roadway ;  and  good  and  permanent  cross- 
ings shall  be  made  by  the  grantees  aforesaid  at  the  intersection 
of  streets  and  elsewhere  wherever  the  same  shall  be  necessary, 
at  the  discretion  of  the  city  council  and  under  the  direction  and 
to  the  acceptance  of  the  street  supervisor;  that  when  said  streets 


STREET    RAILWAYS.  445 


shall  be  paved  flat  rails  shall  be  used  thereon.  The  price  of  a 
single  passage  shall  not  exceed  5  cents,  and  no  charge  shall  be 
made  in  excess  thereof  ;  said  company  shall  pay  into  the  city 
treasury  a  per  capita  tax  of  1^  mills  for  each  and  every  fare  col- 
lected on  said  line. 

[  Sections  two,  three,  four  and  five  are  identical  in  language 
with  similarly  numbered  sections  in  the  resolution  granting  a 
franchise  to  the  Salt  Lake  City  Railroad  Company  passed  Janu- 
ary 26,  1889.  See  page  437.] 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
therein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution, 
and  that  if  work  be  not  commenced  within  three  months  and 
the  road  completed  and  in  operation  within  one  year  after  the 
Acceptance  of  this  grant,  then  this  grant  shall  become  null  and 
void. 

[September  23,  1890.] 


A   RESOLUTION 

GRANTING   A   FRANCHISE   TO    L.    C.    HAMILTON. 


Franchise  to  L.  C.  Hamilton  for  Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  L.  C.  Hamilton,  his  heirs  and  assigns,  have 
the  authority  and  consent  of  the  council,  and  the  permission  is 
hereby  granted,  to  construct,  maintain  and  operate  a  single  or 
double-track  street  railway,  as  hereinafter  specified,  to  be  oper- 
ated by  steam  dummy,  horse,  electric  or  cable  power,  with  all 
the  necessary  or  convenient  switches,  side  tracks,  turnouts  and 
cross-over  tracks,  on  the  following  streets  and  roads  of  Salt 
Lake  City,  to-wit: 

Commencing  at  the  intersection  of  Sixth  West  and  Second 
South  streets,  and  running  thence  west  along  Second  South 
street  to  the  west  boundary  line  of  section  three  (3),  township 
one  ( 1 )  south,  of  range  one  ( 1 )  west,  Salt  Lake  meridian. 


446  STREET    RAILWAYS. 


Such  track  or  tracks  to  be  laid  on  such  grades  as  are  now 
or  may  hereafter  be  established  by  the  city  council.  In  con- 
sideration of  this  franchise  the  grantee,  his  heirs  and  assigns 
aforesaid,  are  hereby  required  to  pave  and  keep  in  repair  the 
space  inside  and  between  the  tracks,  and  a  space  of  two  feet  on 
each  side  of  the  same,  with  the  same  material  as  is  used  now  or 
may  hereafter  be  used  on  the  street  where  such  track  is  laid; 
and  the  grantee  aforesaid  shall  place  cars  upon  said  railroad, 
with  all  necessary  modern  improvements  for  the  convenience 
and  comfort  of  passengers,  which  shall  be  run  thereon  each  and 
every  day,  both  ways,  as  often  as  the  public  shall  require,  at  a 
rate  of  speed  not  exceeding  twelve  miles  per  hour,  and  under 
such  regulations  as  the  city  council  may  from  time  to  time  pre- 
scribe; Provided,  that  the  grantee  aforesaid  shall  comply  with 
the  directions  of  the  city  council  in  the  construction  of  said 
railroad,  and  in  any  other  matters  connected  with  the  regulation 
of  the  same;  and  that  the  track  or  tracks  shall  be  constructed 
in  the  center  of  the  streets,  unless  otherwise  directed  by  the 
city  council,  and  in  such  manner  as  shall  be  approved  by  the 
street  supervisor;  the  track  to  be  laid  and  the  road  to  be  oper- 
ated so  as  to  cause  no  unnecessary  impediment  to  the  common 
and  ordinary  use  of  said  streets  for  all  purposes ;  and  that  the 
water  courses  of  said  streets  shall  be  left  free  and  unobstructed ; 
said  track  to  be  laid  on  good  foundation  even  with  the  surface 
of  the  roadway;  and  good  and  permanent  crossings  shall  be 
made  by  the  grantee  aforesaid  at  the  intersection  of  the  streets 
and  elsewhere  whenever  the  same  shall  be  necessary,  at  the  dis- 
cretion of  the  city  council  and  under  the  direction  and  to  the 
acceptance  of  the  street  supervisor;  and  upon  such  portion  of 
streets  herein  granted  as  are  only  partially  graded,  said  grantee 
shall  so  grade  said  streets  as  to  give  trackage  to  vehicles  equiv- 
alent to  the  portion  occupied  by  said  grantee,  and  all  tracks 
constructed  by  said  grantee  wherever  streets  shall  be  paved 
shall  be  with  the  flat  rail;  and  upon  such  streets  as  are  but  four 
rods  wide  said  grantee  shall  construct  no  more  than  one  track, 
and  no  switches,  unless  authorized  by  the  city  council;  and  the 
space  between  double  tracks,  or  between  main  track  or  any 
switches,  shall  not  exceed  seven  feet,  unless  authorized  by  the 
city  council.  The  price  of  a  single  passage  shall  not  exceed 


STREET   RAILWAYS.  447 


ten  cents,  and  no  charge  shall  be  made  in  excess  thereof.  Said 
grantee  shall  pay  into  the  city  treasury  a  per  capita  tax  of  one 
and  one-quarter  mills  for  each  and  every  fare  collected,  payable 
quarterly. 

SEC.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty  years  from  the  date  of  the  passage  of  this  resolution, 
and  accepted  on  the  following  conditions,  viz.:  That  if  the 
grantee,  his  heirs  and  assigns,  shall  fail  to  perform  all  the  stip- 
ulations of  this  resolution,  the  city  council,  after  sixty  days' 
notice,  and  on  failure  on  the  part  of  said  grantee,  his  heirs  or 
assigns,  to  provide  a  remedy  or  make  satisfactory  arrangements 
therefor,  may,  by  a  majority  vote,  declare  the  privileges  herein 
granted  forfeited,  and  proceed  to  take  possession  of  the  road-bed 
and  control  the  same,  as  if  this  resolution  had  not  passed. 

SEC.  3.  That  nothing  in  this  grant  shall  be  so  construed 
as  to  prevent  Salt  Lake  City,  or  its  authorized  agents,  from 
sewering  or  laying  gas  and  water  mains  or  pipes,  altering,  re- 
pairing or  in  any  manner  improving  any  of  the  streets  men- 
tioned herein,  or  any  other  streets  of  said  city;  but  all  such  im- 
provements shall  be  made  with  as  little  injury  as  practicable  to 
said  railway  and  the  operating  thereof. 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railroad  the  grantee,  and  his  heirs  and  assigns,  shall  at  all  times 
conform  to  such  ordinances,  rules  and  regulations  as  have  been, 
or  may  hereafter  be,  adopted  by  the  city  council  of  said  city  in 
relation  to  operating  railroads,  street  railways  or  tramways  in 
said  city,  and  for  each  violation  thereof  they  shall  be  liable  to- 
a  fine  in  a  sum  not  exceeding  one  hundred  dollars. 

SEC.  5.  That  whenever  the  eity  council  shall  find  it  neces- 
sary or  desirable  to  grant  to  any  other  street  railway  company 
a  franchise  over  the  street  herein  granted,  to  secure  such  other 
company  a  connection  with  any  important  center  or  terminus, 
the  grantee  herein  shall  allow  running  arrangements  over 
grantee's  tracks  to  such  other  company  where  said  grantee  have 
double  tracks,  upon  such  other  company  making  equitable  pay- 
ment for  constructing,  maintaining  and  operating  the  portion 
of  said  grantee's  track  so  used. 

SEC.  6.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  th& 


448  STREET   RAILWAYS. 


construction  or  operation  of  said  railway  by  reason  of  the  de- 
fault or  misconduct  of  said  grantee,  his  successors  and  assigns, 
or  their  employes,  and  the  acceptance  of  this  grant  shall  be 
deemed  an  agreement  on  the  part  of  said  grantee  for  himself,  his 
heirs  and  assigns  to  save  the  said  city  harmless  from  and  against 
all  liabilities,  loss,  costs,  expenses  and  damage  of  any  nature, 
arising  out  of  any  such  default  or  misconduct,  or  which  may 
accrue  by  reason  of  any  accident  or  injury  which  may  occur  in 
or  by  reason  of  the  construction  or  operation  of  said  railway, 
and  to  indemnify  and  repay  said  city  for  any  loss,  costs,  expense 
or  damage  of  any  kind  it  may  sustain  by  reason  of  any  such  de- 
fault, misconduct,  accident  or  injury,  and  in  case  any  judgment 
should  be  recovered  against  said  city  for  any  such  default,  mis- 
conduct or  accident,  the  recovery  thereof  and  the  judgment 
therefor  shall  be  final  as  between  the  said  city  and  the  said 
grantee  and  his  successors  and  assigns,  and  conclusive  as  to 
the  liability  of  the  latter  to  the  former;  Provided,  said  grantee 
has  had  notice  of  the  pendency  of  the  suit  in  which  judg- 
ment is  recovered,  and  has  been  given  an  opportunity  to  defend 
the  same. 

SEC.  7.  That  the  city  council  may  order  a  change  of  motive 
power  from  the  steam  dummy  to  the  eleetric,  cable  or  other 
system,  whenever  in  the  judgment  of  the  city  council  public 
interest  demands  a  change,  and  it  shall  be  the  duty  of  the 
grantee  herein  to  make  such  change  within  six  months  from  the 
date  of  such  order. 

SEC.  8.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  days  after  the  passage  of  this  resolution,  or  if 
work  shall  not  be  commenced  within  sixty  days  after  said  ac- 
ceptance, or  if  work  be  not  completed  on  the  streets  and  roads 
hereinbefore  designated  and  the  road  be  operated  within  twelve 
months  after  said  acceptance,  then  this  grant  and  franchise 
shall  become  null  and  void.  And  all  rights  on  that  portion  of 
streets  herein  granted,  on  which  said  road  is  not  actually  con- 
structed and  operated  within  one  year  after  such  acceptance, 
shall  at  once  be  forfeited  to  the  city. 

[January  20,  1891.] 


STREET   RAILWAYS.  449 


A    RESOLIJTIOtf 

GRANTING    A     FRANCHISE    TO     THE     SALT     LAKE     CITY     RAILROAD 

COMPANY. 


Franchise   to   Salt   Lake   City  Railroad    Company  for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  Salt  Lake  City  Railroad  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  electric  or  cable  motive  power,  a  single  or 
double-track  street  railroad,  together  with  all  the  necessary 
switches  for  the  accommodation  of  said  road,  on  the  following 
streets  of  said  city,  namely: 

First — Commencing  at  the  intersection  of  First  South 
street  and  Eighth  West  street,  thence  south  along  Eighth  West 
street  to  the  intersection  of  Second  South  street. 

Second — Commencing  at  the  intersection  of  Fourth  East 
street  and  Ninth  South  street,  thence  south  upon  so  much  of 
Fourth  East  street  as  has  been  dedicated  to  public  use  for  a 
street  to  the  south  boundary  of  Tenth  South  or  Roper  street. 

[The  remainder  of  this  section,  beginning  with  the  words, 
"on  the  following  conditions,  viz:"  is  similar  to  the  identical 
portion  of  section  one  of  the  resolution  passed  May  20,  1890, 
granting  a  franchise  to  Salt  Lake  City  Railroad  Company.  See 
page  441.] 

[  Sections  two,  three  and  five  are  identical  in  language  with 
similarly  numbered  sections  in  the  resolution  granting  a  fran- 
chise to  the  Salt  Lake  City  Railroad  Company,  passed  January 
26,  1889.  'See  page  437.] 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railway,  the  said  grantee  and  its  successors  and  assigns  shall  at 
all  times  conform  to  sueh  ordinances,  rules  and  regulations  as 
have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city  in  relation  to  operating  railroads,  street  railways  or 

tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
20 


450  STEEET   RAILWAYS. 


be  liable  to  a  fine  in  any  sum  not  exceeding  one  hundred 
dollars. 

That  whenever  the  city  council  shall  find  it  necessary  or 
desirable  to  grant  to  any  other  street  railroad  company  a  fran- 
chise over  any  of  the  streets  herein  granted,  to  secure  to  such 
other  company  a  connection  with  any  important  center  or  ter- 
minus, the  grantee  herein  shall  allow  running  arrangements 
over  grantee's  tracks  to  such  other  company,  upon  such  other 
company  making  equitable  payment  for  constructing,  maintain- 
ing and  operating  the  portion  of  said  grantee's  tracks  so  used. 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
therein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution,  or 
if  work  be  not  commenced  within  sixty  (60)  days,  and  the  road 
completed  and  in  operation  within  two  years  after  said  accept- 
ance, then  this  grant  shall  become  null  and  void. 

[May  5,  1891.] 


A    RESOLUTION 

GRANTING   A   FRANCHISE   TO  THE   SALT  LAKE  CITY   RAILROAD   COM- 
PANY. 


Franchise   to   Salt   Lake   City    Railroad   Company   for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City :  That  the  Salt  Lake  City  Railroad  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  electric  or  cable  motive  power  a  single 
track  street  railroad,  together  with  all  the  necessary  switches 
for  the  accommodation  of  said  road,  on  the  following  streets  of 
said  city,  namely  : 

First — .From  the  intersection  of  East  Temple  street  and 
First  North  street,  thence  along  Center  street  to  the  intersec- 
tion of  First  West  street. 


STREET    RAILWAYS.  451 


Second — From  the  intersection  of  East  Temple  street  and 
First  North  street,  thence  north  along  East  Temple  or  Arsenal 
street  to  Currant  street. 

Third — From  the  southwest  corner  of  what  is  designated 
the  Arsenal  block  in  "W.  H.  Whitney's  map  of  Salt  Lake  City 
and  environs,  1890,"  thence  east  along  the  street  on  the  south 
side  of  said  Arsenal  block  into  the  street  on  the  east  side  thereof; 
thence  north  along  said  street  to  the  center  of  Currant  street. 

On  the  following  conditions,  viz  : 

Such  track  or  tracks  to  be  laid  on  such  grades  as  are  now 
or  may  hereafter  be  established  by  the  city  council.  In  consid- 
eration of  this  franchise,  the  grantee,  its  successors  and  assigns, 
aforesaid,  are  hereby  required  to  keep  in  good  repair,  with  the- 
same  material  and  in  the  manner  as  the  rest  of  the  street  is  or 
may  be  paved,  the  space  inside  the  tracks,  and  a  space  two  feet 
each  side  of  the  same,  including  all  spaces  between  double  tracks, 
where  the  same  may  be  constructed,  and  also  to  use  no  steam 
power,  unless  the  same  be  stationary,  on  any  part  of  the  road 
for  propelling  cars,  unless  permitted  by  the  city  council.  And 
the  grantee  aforesaid  shall  place  cars  upon  said  railroad  with  all 
necessary  modern  improvements  for  the  convenience  and  com- 
fort of  passengers,  which  shall  be  run  thereon  each  and  every 
day  both  ways,  as  often  as  the  public  convenience  may  require, 
and  at  a  rate  of  speed  not  exceeding  twelve  miles  per  hour,  and 
under  such  regulations  as  the  city  council  may  from  time  to 
time  prescribe  ;  Provided,  that  the  grantee  aforesaid  shall  com- 
ply with  the  directions  of  the  city  council  in  the  construction  of 
the  said  railroad  and  its  switches,  and  in  any  other  matter  con- 
nected with  the  regulation  of  the  same,  and  that  the  track  or 
tracks  shall  be  constructed  in  the  center  of  the  streets,  unless 
otherwise  directed  by  the  city  council,  and  in  such  a  manner  as 
shall  be  approved  by  the  street  supervisor,  and  that  the  trolly 
wire  (if  electricity  be  used)  shall  be  suspended  from  wires  at- 
tached to  poles  at  or  near  the  curb  line  of  the  street,  the  track 
to  be  laid  and  the  road  operated  so  as  to  cause  no  unnecessary 
impediment  to  the  common  and  ordinary  use  of  said  streets  for 
all  purposes,  and  that  the  water  courses  of  said  streets  be  left 
free  and  unobstructed  ;  said  track  to  be  laid  upon  a  good  foun- 
dation, even  with  the  surface  of  the  roadway,  and  whenever 


' 


452  STREET    RAILWAYS. 


streets  shall  be  paved  fiat  rails  shall  be  used  on  such  streets, 
and  that  good  and  permanent  crossings  shall  be  made  by  the 
grantee  aforesaid  at  the  intersection  of  streets  and  elsewhere 
wherever  the  same  shall  be  necessary,  at  the  discretion  of  the 
city  council  and  under  the  direction  and  to  the  acceptance  of 
the  street  supervisor.  The  price  of  a  single  passage  shall  not 
exceed  ten  cents  and  no  charge  shall  be  made  in  excess  thereof  ; 
said  company  shall  pay  into  the  city  treasury  a  per  capita  tax 
of  1J  mills  for  each  and  every  fare  collected. 

[Sections  two  and  three  are  identical  in  language  with 
similarly  numbered  sections  in  the  resolution  granting  a  fran- 
chise to  the  Salt  Lake  City  Railroad  Company  passed  January 
26,1889.  See  page  437.] 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railway,  the  said  grantee,  and  its  successors  and  assigns,  shall 
at  all  times  conform  to  such  ordinances,  rules  and  regulations 
as  have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  one  hundred  dollars. 
That  whenever  the  city  council  shall  find  it  necessary  or  desira- 
ble to  grant  to  any  other  street  railroad  company  a  franchise 
over  any  of  the  streets  herein  granted,  to  secure  to  such  other 
company  a  connection  with  any  important  center  or  terminus, 
the  grantee  herein  shall  allow  running  arrangements  over 
grantee's  tracks  to  such  other  company  upon  such  other  com- 
pany making  equitable  payment  for  constructing,  maintaining 
and  operating  the  portion  of  said  grantee's  track  so  used. 

SEC.  5.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
constr  action  or  operation  of  said  railway  by  reason  of  the  de- 
fault or  misconduct  of  the  grantee  and  its  successors  and  assigns 
or  their  employe's,  and  the  acceptance  of  this  grant  shall  be 
deemed  an  agreement  on  the  part  of  said  grantee,  for  itself  and 
its  successors  and  assigns,  to  save  the  said  city  harmless  from 
and  against  all  liability,  loss,  costs,  expense  or  damage  of  any 
nature  arising  out  of  any  such  default  or  misconduct,  or  which 
may  accrue  by  reason  of  any  accident  or  injury  which  may 
occur  in  or  by  reason  of  the  construction  or  operation  of  said 


STREET   RAILWAYS.  453 


railway,  and  to  indemnify  and  repay  said  city  for  any  loss,  costs, 
expense  or  damage  of  any  kind  it  may  sustain  by  reason  of  any 
such  default,  misconduct,  accident  or  injury;  and  if  any  judg- 
ment for  damages  for  any  such  default,  misconduct,  accident  or 
injury  shall  be  recovered  against  said  city,  the  recovery  thereof 
and  the  judgment  therefor  shall  be  final  as  between  the  said 
city  and  the  said  grantee  and  its  successors  and  assigns,  and 
conclusive  as  to  the  liability  of  the  latter  to  the  former;  Pro- 
vided, said  grantee  has  had  notice  of  the  pendency  of  the  suit 
in  which  said  judgment  is  recovered,  and  had  been  given  an 
opportunity  to  defend  the  same. 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
therein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution,  or 
if  work  be  not  commenced  within  ninety  days,  and  the  road 
along  Center  street,  from  First  North  street  to  First  West  street, 
completed  within  twelve  months  after  said  acceptance,  this 
grant  shall  become  null  and  void;  and  as  to  all  streets  herein 
granted,  upon  which  the  road  shall  not  be  completed  and  in 
operation  within  eighteen  months  after  the  date  of  said  accept- 
ance, this  grant  shall  become  null  and  void. 

[Septembers,  1891.] 


A   RESOLUTION 

GRANTING   A   FRANCHISE   TO   THE   SALT    LAKE   CITY   RAILROAD 

COMPANY. 


Franchise   to   Salt   Lake   City    Railroad   Company    for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  Salt  Lake  City  Kailroad  Company,  its  suc- 
cessors and  assigns,  have  the  authority  and  consent  of  the  city 
council,  and  the  permission  is  hereby  granted  it,  to  construct 
and  operate  by  electric  or  cable  motive  power  a  double  track 


454  STREET   RAILWAYS. 


street  railroad,  together  with  all  -the  necessary  switches  and 
turnouts  for  the  accommodation  of  said  road,  on  the  following 
streets  of  said  city,  namely: 

From  the  center  of  the  intersection  of  First  South  street 
and  West  Temple  street,  thence  south  on  West  Temple  street 
to  Tenth  South  or  Roper  street;  thence  east  on  Tenth  South  or 
Roper  street  to  the  center  of  East  Temple  or  Main  street;  Pro- 
vided, that  on  said  West  Temple  street,  from  Ninth  South  street 
south  to  Roper  street,  a  single  track  only  shall  be  laid;  and 
provided  further,  that '  the  property  owners  dedicate  a  contin- 
uous strip  of  land  at  least  ten  feet  in  width  abutting  on  and 
adjacent  to  said  street  to  the  city,  for  street  purposes,  between 
Ninth  South  and  Roper  streets,  on  said  West  Temple  street. 

On  the  following  conditions,  viz. :  Such  track  or  tracks  to 
be  laid  on  such  grades  as  are  now  or  may  hereafter  be  estab- 
lished by  the  city  council.  In  consideration  of  this  franchise 
the  grantee,  its  successors  and  assigns  aforesaid,  are  hereby  re- 
quired to  keep  in  good  repair  with  the  same  material  and  in  the 
manner  as  the  rest  of  the  street  is,  or  may  be,  paved,  the  space 
inside  the  tracks,  and  a  space  two  feet  each  side  of  the  same, 
including  all  spaces  between  double  tracks  where  the  same  may 
be  constructed ;  and  also  to  use  no  steam  power,  unless  the  same 
be  stationary,  on  any  part  of  the  road  for  propelling  cars,  unless 
permitted  by  the  city  council.  And  the  grantee  aforesaid  shall 
place  cars  upon  said  railroad  with  all  necessary  modern  im- 
provements for  the  convenience  and  comfort  of  passengers, 
which  shall  be  run  thereon  each  and  every  day,  both  ways,  as 
often  as  the  public  convenience  may  require,  and  at  a  rate  of 
speed  not  exceeding  twelve  miles  per  hour,  and  under  such  reg- 
ulations as  the  city  council  may  from  time  to  time  prescribe; 
Provided,  that  the  grantee  aforesaid  shall  comply  with  the  di- 
rections of  the  city  council  in  the  construction  of  the  said  rail- 
road, and  its  •  switches  and  turnouts,  and  in  any  other  matter 
connected  with  the  regulation  of  the  same,  and  that  the  track 
or  tracks  shall  be  constructed  in  the  center  of  the  streets,  unless 
otherwise  directed  by  the  city  council,  and  in  such  a  manner  as 
shall  be  approved  by  the  street  supervisor;  the  track  to  be  laid 
and  the  road  operated  so  as  to  cause  no  unnecessary  impedi- 
ment to  the  common  and  ordinary  use  of  said  streets  for  all 


STREET   RAILWAYS.  455 


purposes,  and  that  the  water  courses  of  said  streets  be  left  free 
and  unobstructed;  said  track  to  be  laid  upon  a  good  foundation 
even  v^ith  the  surface  of  the  roadway,  and  whenever  streets 
shall  be  paved  flat  rails  shall  be  used  on  such  streets;  and  that 
good  and  permanent  crossings  shall  be  made  by  the  grantee 
aforesaid  at  the  intersection  of  streets  and  elsewhere,  wherever 
the  same  shall  be  necessary,  at  the  discretion  of  the  city  coun- 
cil, and  under  the  direction  and  to  the  acceptance  of  the  street 
supervisor.  The  price  of  a  single  passage  shall  not  exceed  ten 
cents,  and  no  charge  shall  be  made  in  excess  thereof.  Said 
company  shall  pay  into  the  city  treasury  a  per  capita  tax  of  one 
and  one-quarter  mills  for  each  and  every  fare  collected. 

[Sections  two,  three  and  five  are  identical  in  language  with 
similarly  numbered  sections  in  the  resolution  granting  a  fran- 
chise to  the  Salt  Lake  City  Railroad  Company,  passed  January 
26,1889.  See  page  437.] 

[Section  four  is  identical  in  language  with  section  four  in 
the  resolution  granting  a  franchise  to  the  Salt  Lake  City  Bail- 
road  Company,  passed  September  8,  1891.  See  page  452.  ] 

SEC.  6.  That  if  this  grant,  with  the  terms  and  conditions 
therein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution,  or 
if  work  be  not  commenced  within  ninety  days,  and  the  road 
completed  and  in  operation  within  one  year  after  said  accept- 
ance, then  this  grant  shall  become  null  and  void. 

[November  24,  A.  D.  1891.] 


A  RESOLUTION 

GRANTING    A    FRANCHISE     TO     THE     SALT     LAKE     RAPID    TRANSIT 

COMPANY. 


Franchise   to   Salt   Lake  Rapid  Transit   Company   for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City :  That  the  Salt  Lake  Rapid  Transit  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 


456  STREET   RAILWAYS. 


city  council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  horse,  electric,  or  cable  motive  power,  a 
single  or  double-track  street  railroad,  together  with  all  the 
necessary  switches  for  the  accommodation  of  said  road,  on  the 
following  streets  of  said  city,  namely: 

Along  Fourth  South  street  from  the  west  line  of  the  mili- 
tary reservation  of  Fort  Douglas  to  the  Jordan  river. 

Along  Seventh  South  street  from  the  west  line  of  the  mili- 
tary reservation  of  Fort  Douglas  to  the  Jordan  river. 

Along  West  Temple  street  from  Seventh  South  street  to 
First  South  street. 

Along  Fifth  West  street  from  Third  South  street  to  Sev- 
enth South  street. 

Along  Third  West  street  from  Second  South  street  to 
Ninth  North  street. 

From  the  corner  of  First  East  street  and  First  North  street 
along  First  East  street,  or  so  much  thereof  as  may  be  owned  by 
the  city,  to  Wall  street;  thence  along  Wall  street  by  the  most 
practicable  route  to  Ninth  North  street;  thence  west  along 
Ninth  North  street  to  Third  West  street. 

Along  Seventh  West  street  from  Seventh  South  street  to 
Ninth  North  street;  thence  along  Ninth  North  street  from 
Seventh  West  street  to  Tenth  West  street,  and  thence  north- 
ward along  Marion  boulevard  to  Beck's  Hot  Springs;  Provided, 
that  the  rights  of  way  hereby  granted  shall  not  be  deemed  to 
cover  any  streets  to  which  Salt  Lake  City  has  no  right  or  in 
which  it  has  not  title,  although  such  streets  may  be  named 
herein. 

On  the  following  conditions,  viz:  Such  track  or  tracks  to 
be  laid  on  such  grades  as  are  now  or  may  hereafter  be  estab- 
lished by  the  city  council.  In  consideration  of  this  franchise, 
the  grantee,  its  successors  and  assigns  aforesaid,  are  hereby 
required  to  keep  in  good  repair,  with  the  same  material  and  in 
the  same  manner  as  the  rest  of  the  street  is  or  may  be  paved, 
the  space  inside  the  track,  and  a  space  two  feet  each  side  of  the 
same,  including  all  spaces  between  double  tracks  where  the 
same  may  be  constructed,  and  also  to  use  no  steam  power  unless 
the  same  be  stationary,  on  any  part  of  the  road  for  propelling 
cars,  unless  permitted  by  the  city  council.  And  the  grantee 


STREET    RAILWAYS.  457 


aforesaid  shall  place  cars  upon  said  railroad,  with  all  necessary 
modern  improvements  for  the  convenience  and  comfort  of  pas- 
sengers, which  shall  be  run  thereon  each  and  every  day,  both 
ways,  as  often  as  the  public  convenience  may  require,  at  a  rate 
of  speed  not  exceeding  twelve  miles  per  hour,  and  under  such 
regulations  as  the  city  council  may  from  time  to  time  prescribe; 
Provided,  that  the  grantee  aforesaid  shall  comply  with  the 
directions  of  the  city  council  in  the  construction  of  said  rail- 
road, and  in  any  other  matter  connected  with  the  regulations  of 
the  same,  and  that  the  track  or  tracks  shall  be  constructed  in 
the  center  of  the  streets,  unless  otherwise  directed  by  the 
city  council,  and  in  such  a  manner  as  shall  be  approved  by 
the  street  supervisor;  the  track  to  be  laid  and  the  road  operated 
so  as  to  cause  no  unnecessary  impediment  to  the  common  and 
ordinary  use  of  said  streets  for  all  purposes;  and  that  the  water 
courses  of  said  streets  be  left  free  and  unobstructed;  said  track 
to  be  laid  upon  a  good  foundation  even  with  the  surface  of  the 
roadway;  and  good  and  permanent  crossings  shall  be  made  by 
the  grantee  aforesaid  at  the  intersection  of  streets  and  else- 
where, wherever  the  same  shall  be  necessary,  at  the  discretion 
of  the  city  council,  and  under  the  direction  and  to  the  accept- 
ance of  the  street  supervisor.  The  price  of  a  single  passage 
shall  not  exceed  ten  cents,  and  no  charge  shall  be  made  in  excess 
thereof.  Said  company  shall  pay  into  the  city  treasury  at  the 
rate  of  not  exceeding  twenty-five  dollars  per  annum  for  each 
and  every  car  used  upon  its  lines,  but  otherwise  said  company 
shall  not  be  liable  to  any  per  capita  tax  whatever. 

SEO.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty  years  from  the  date  of  the  passage  of  this  resolution,  and 
accepted  on  the  following  conditions,  viz:  That  if  the  grantee, 
its  successors  and  assigns,  shall  fail  to  perform  all  the  stipula- 
tions of  this  resolution,  the  city  council,  after  sixty  days'  notice, 
and  on  failure  on  the  part  of  said  company  to  provide  a  remedy 
or  make  satisfactory  arrangements  therefor,  may,  by  a  two- 
thirds  vote  declare  the  privileges  herein  granted  forfeited,  and 
proceed  to  take  possession  of  the  road-bed,  and  control  the 
same  as  if  this  resolution  had  not  been  passed.  ' 

SEC.  3.  That  nothing  in  this  grant  shall  be  so  construed  a& 
to  prevent  Salt  Lake  City  or  its  authorized  agents  from  paving, 


' 


458  STREET   RAILWAYS. 


sewering,  laying  gas  or  water  mains  or  pipes,  altering,  repairing 
or  in  any  manner  improving  any  of  the  streets  mentioned  herein, 
or  any  other  streets  of  said  city,  but  all  such  improvements 
shall  be  made  with  as  little  injury  as  practicable  to  said  railway 
and  the  operating  thereof. 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railway,  the  said  grantee  and  its  successors  and  assigns  shall  at 
all  times  conform  to  such  ordinances,  rules  and  regulations  as 
have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city,  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  any  sum  not  exceeding  one  hundred  dollars. 

SEC.  5.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
construction  or  operation  of  said  railway  by  reason  of  the  de- 
fault or  misconduct  of  the  said  grantee  and  its  successors  and 
assigns  or  their  employes,  and  the  acceptance  of  this  grant  shall 
be  deemed  an  agreement  on  the  par,t  of  the  said  grantee,  for  it- 
self and  its  successors  and  assigns,  to  save  the  said  city  harmless 
from  and  against  all  liability,  loss,  costs,  expense  or  damage  of 
any  nature  arising  out  of  any  such  default  or  misconduct,  or 
which  may  accrue  by  reason  of  any  accident  or  injury  which 
may  occur  in  or  by  reason  of  the  construction  or  operation  of 
said  railway,  and  to  indemnify  and  repay  said  city  for  any  loss, 
costs,  expense  or  damage  of  any  kind  it  may  sustain  by  reason 
of  any  such  default,  misconduct,  accident  or  injury;  and  if  any 
judgment  for  damages  for  any  such  default,  misconduct,  acci- 
dent of  injury  shall  be  recovered  against  the  said  city,  the  re- 
covery thereof  and  the  judgment  therefor  shall  be  final  as  be- 
tween the  city  and  the  said  grantee  and  its  successors  and 
assigns,  and  conclusive  as  to  the  liability  of  the  latter  to  the 
former;  Provided,  said  grantee  has  had  due  notice  of  the  pen- 
dency of  the  suit  in  which  such  judgment  is  recovered  and  has 
been  given  an  opportunity  to  defend  the  same. 

SEC.  6.  That  if  this  grant  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  (30)  days  after  the  passage  of  this  resolution,  or  if 
work  be  not  commenced  within  sixty  (60)  days  after  said  accep- 
tance, or  if  work  be  not  completed  on  at  least  five  miles  of  said 


STEEET   RAILWAYS.  459 


road  within  nine  months  after  said  acceptance,  then  this  grant 
and  franchise  shall  become  null  and  void. 
•[February  11,  1890.] 


A   RESOLUTION 

GRANTING     A     FRANCHISE     TO     THE     SALT     LAKE     RAPID     TRANSIT 

COMPANY. 


Franchise  to   Sail    Lake  Rapid   Transit   Company   for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City :  That  the  Salt  Lake  Rapid  Transit  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
council,  and  the  permission  is  hereby  granted  it,  to  construct  and 
operate  by  horse,  electric  or  cable  motive  power,  a  single  or 
double-track  street  railroad,  together  with  all  the  necessary 
switches  for  accommodation  of  said  road,  on  the  following 
streets  of  said  city,  namely: 

Along  First  East  street  from  the  present  terminus  of  said 
company's  franchise,  on  First  North  street,  south  to  the  south 
limits  of  Salt  Lake  City. 

Along  Eighth  East  street  from  Seventh  South  street  to  the 
south  line  of  Ninth  South  street. 

Along  Ninth  East  street  from  Ninth  South  street  to  the 
.south  limits  of  Salt  Lake  City. 

Along  Tenth  South  street  ( being  the  street  south  of  Lib- 
erty Park)  from  Ninth  East  street  to  west  line  of  Seventh  East 
street,  and  from  west  line  of  Fourth  East  street  to  First  East 
street  along  Third  East  street  from  Fourth  South  street  to  south 
limits  of  the  city. 

On  the  following  conditions,  viz:  Such  track  or  tracks  to 
be  laid  on  such  grades  as  are  now  or  may  hereafter  be  estab- 
lished by  the  city  council.  In  consideration  of  this  franchise, 
the  grantees,  its  successors  and  assigns  aforesaid,  are  hereby 


460  STREET   RAILWAYS. 


required  to  keep  in  good  repair  the  space  inside  and  between 
the  tracks,  and  a  space  of  two  feet  on  each  side  of  the  same 
with  the  same  material  as  is  used  on  the  street  where  such  track 
is  laid,  and  also  to  use  no  steam  power  unless  the  same  be  sta- 
tionary on  any  part  of  the  road  for  propelling  cars,  unless  per-' 
mitted  by  the  city  council.  And  the  grantees  aforesaid  shall 
place  cars  upon  said  railroad,  with  all  necessary  modern  im- 
provements for  the  convenience  and  comfort  of  the  passen- 
gers, which  shall  be  run  thereon,  each  and  every  day  both 
ways,  as  often  as  the  public  convenience  may  require,  at  a 
rate  of  speed  not  exceeding  twelve  miles  per  hour,  and 
under  such  regulations  as  the  city  council  may  from  time 
to  time  prescribe;  Provided,  that  the  grantees  aforesaid 
shall  comply  with  the  directions  of  the  city  council  in  the  con- 
struction of  said  railroad,  and  in  any  other  matters  connected 
with  the  regulation  of  the  same,  and  that  the  track  or  tracks 
shall  be  constructed  in  the  center  of  the  streets,  unless  other- 
wise directed  by  the  city  council,  and  in  such  manner  as  shall 
be  approved  by  the  street  supervisor,  the  track  to  be  laid  and  the 
road  operated,  so  as  to  cause  no  unnecessary  impediment  to 
the  common  and  ordinary  use  of  said  streets  for  all  purposes, - 
and  that  the  water  courses  of  said  streets  shall  be  left  free  and 
unobstructed  ;  said  track  to  be  laid  upon  good  foundation,  even 
with  the  surface  of  the  roadway;  and  good  and  permanent  cross- 
ings shall  be  made  by  the  grantees  aforesaid  at  the  intersection 
of  the  streets  and  elsewhere  wherever  the  same  shall  be  neces- 
sary, at  the  discretion  of  the  city  council  and  under  the  direc- 
tion and  to  the  acceptance  of  the  street  supervisor,  and  upon 
such  portion  of  streets  herein  granted  as  are  only  partially 
graded,  said  grantees  shall  so  grade  said  streets  as  to  give  track- 
age to  vehicles  equivalent  to  the  portion  occupied  by  said 
grantees,  and  all  tracks  constructed  by  said  grantees  wherever 
streets  shall  be  paved,  shall  be  with  the  flat  rail  ;  and  on  such 
streets  as  are  but  four  rods  wide  said  grantees  shall  construct 
no  more  than  one  track  and  no  switches,  and  the  space  between 
double  tracks,  or  between  main  track  or  any  switches,  shall  not 
exceed  seven  feet,  unless  authorized  by  the  city  council.  The 
price  of  a  single  passage  shall  not  exceed  ten  cents,  and  no- 
charge  shall  be  made  in. excess  thereof  ;  said  company  shall  pay 


STREET    RAILWAYS.  461 


into  the  city  treasury  a  per  capita  tax  of  1£  mills  for  each  and 
every  fare  collected. 

[Sections  two,  three  and  four  are  identical  in  language  with 
the  like  numbered  sections  in  the  preceding  franchise  to  the 
Rapid  Transit  Company  granted  February  11,  1890.  See  pages 
457-8.] 

SEC.  5.  That  whenever  the  city  council  shall  find  it  neces- 
sary or  desirable  to  grant  to  any  other  street  railroad  company 
a  franchise  over  any  of  the  streets  herein  granted,  to  secure 
to  such  other  company  a  connection  with  any  important  center 
or  terminus,  the  grantees  herein  shall  allow  running  arrange- 
ments over  grantees'  tracks  to  such  other  company  on  streets 
where  said  grantees  may  have  a  double  track,  upon  such  other 
company  making  equitable  payment  for  constructing,  maintain- 
ing and  operating  the  portion  of  said  grantees'  track  so  used. 

[Section  six  is  identical  in  language  with  section  five  in  the 
preceding  franchise  to  the  Kapid  Transit  Company  granted  Feb- 
11,1890.  See  page  458.] 

SEC.  7.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantees 
within  thirty  days  after  the  passage  of  this  resolution,  together 
with  a  relinquishment  to  Salt  Lake  City  of  said  grantees'  fran- 
chise on  West  Temple  street,  or  if  work  be  not  commenced 
within  sixty  days  after  said  acceptance,  or  if  work  be  not  com- 
pleted on  the  whole  of  First  East  street,  south  from  North  Tem- 
ple street,  within  six  months  after  said  acceptance,  and  said 
street  double-tracked  between  South  Temple  street  and  Fourth 
.  South  street  within  one  year  after  said  acceptance  (the  number 
of  miles  so  constructed  to  be  credited  and  accepted  for  said 
grantees  as  a  portion  of  the  five  miles  required  of  them  to  be 
built  upon  the  franchise  heretofore  granted  them  by  the  city 
council  of  Salt  Lake  City),  then  this  grant  and  franchise  shall 
become  null  and  void. 

[April  22,  1890.] 


462  STREET   RAILWAYS. 


A    RKSOM  TIOX 

GRANTING   A   FRANCHISE   TO   THE   SALT  LAKE  RAPID  TRANSIT   COM- 
PANY. 


Franchise  to  Salt   Lake    Rapid   Transit   Company   for 
Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  Salt  Lake  Rapid  Transit  Company,  its 
successors  and  assigns,  have  the  authority  and  consent  of  the 
council,  and  the  permission  is  hereby  granted  it,  to  con- 
struct and  operate  by  electric  or  cable  motive  power,  a  single  or 
double  track  street  railroad,  together  with  all  the  necessary 
switches  for  the  accommodation  of  said  road,  011  the  following 
streets  of  said  city,  namely: 

First — Along  Ninth  East  street  from  the  center  of  Seventh 
South  street  to  the  south  line  of  Ninth  South  street. 

.  Second — Commencing  on  Seventh  South  street  at  the  east 
bank  of  Jordan  river  and,  running  thence  west  to  Oquirrh  street, 
thence  south  on  Oquirrh  street  to  Indiana  avenue,  and  thence 
west  on  Indiana  avenue  to  the  county  road  west  of  Glendale 
park. 

Third — Along  North  Temple  street  from  First  East  street 
to  Third  West  street,  thence  south  on  Third  West  street  to 
South  Temple  street. 

Fourth — Along  Ninth  North  street  from  Third  West  street 
to  Seventh  West  street. 

Fifth — Along  First  street  from  First  East  street  to  Fort 
Douglas  reservation. 

Sixth — Commencing  on  A  street  at  the  intersection  of  First 
street  and  running  thence  north  on  A  street  to  Second  street, 
thence  east  on  Second  street  to  C  street,  thence  north  on  C 
street  to  Fifth  street,  thence  east  on  Fifth  street  to  the  ceme- 
tery. 

Seventh — Along  Sixth  East  street  from  Fourth  South  street 
to  Ninth  South  street. 


STREET   RAILWAYS.  465 


Eighth — Commencing  on  Tenth  East  street  at  the  intersec- 
tion of  Fourth  South  street  and  running  thence  south  on  Tenth 
East  street  to  Fifth  South  street,  thence  east  on  Fifth  South 
street  to  Eleventh  East  street,  thence  south  on  Eleventh  East 
street  to  Sixth  South  street,  east  on  Sixth  South  street  to 
Twelfth  East  street,  thence  over  so  much  of  the  streets  as  may 
be  vested  in  the  city,  south  on  Twelfth  East  street  to  Eighth 
South  street,  east  on  Eighth  South  street  to  Thirteenth  East 
street,  south  on  Thirteenth  East  street  to  Ninth  South  street,, 
thence  east  on  Ninth  South  street  to  the  center  of  section  10,. 
township  1  south,  range  1  east. 

Ninth — Along  Second  South  street  from  First  East  street 
to  Seventh  West  street. 

On  the  following  conditions,  viz.:  Such  track  or  tracks  to 
be  laid  on  such  grades  as  are  now  or  may  hereafter  be  estab- 
lished by  the  city  council.  In  consideration  of  this  franchise 
the  grantee,  its  successors  and  assigns  as  aforesaid,  are  hereby 
required  to  keep  in  good  repair  the  space  inside  and  between 
the  tracks,  and  a  space  of  two  feet  each  side  of  the  same  with 
the  same  'material  as  is  used  on  the  street  where  such  track  is 
laid,  and  also  to  use  no  steam  power  unless  the  same  be  station- 
ary, on  any  part  of  the  road  fpr  propelling  cars,  unless  per- 
mitted by  the  city  council.  And  the  grantee  aforesaid  shall 
place  cars  upon  said  railroad,  with  all  necessary  modern  im- 
provements for  the  convenience  and  comfort  of  the  passengers, 
which  shall  be  run  thereon  each  and  every  day,  both  ways,  as 
often  as  the  public  convenience  may  require,  at  a  rate  of  speed 
not  exceeding  twelve  miles  per  hour,  and  under  such  regulations 
as  the  city  council  may  from  time  to  time  prescribe;  Provided, 
that  the  grantee  aforesaid  shall  comply  with  the  directions  of 
the  city  council  in  the  construction  of  said  railroad,  and  in  any 
other  matters  connected  with  the  regulation  of  the  same,  and 
that  the  track  or  tracks  shall  be  constructed  in  the  center  of  the 
streets,  unless  otherwise  directed  by  the  city  council,  and  in  such 
manner  as  shall  be  approved  by  the  street  supervisor;  the  track 
to  be  laid  and  the  road  operated  so  as  to  cause  no  unnecessary 
impediment  to  the  common  and  ordinary  use  of  said  streets  for 
all  purposes;  and  that  the  water  courses  of  said  streets  shall  be 
left  free  and  unobstructed;  said  track  to  be  laid  upon  good 


- 


464  STREET   RAILWAYS. 


foundation,  even  with  the  surface  of  the  roadway;  and  good  and 
permanent  crossings  shall  be  made  by  the  grantee  aforesaid  at 
the  intersection  of  the  streets  and  elsewhere,  wherever  the  same 
shall  be  necessary,  at  the  discretion  of  the  city  council,  and 
under  the  direction  and  to  the  acceptance  of  the  street  super- 
visor; and  upon  such  portion  of  streets  herein  granted  as  are 
only  partially  graded,  said  grantee  shall  so  grade  said  streets  as 
to  give  trackage  to  vehicles  equivalent  to  the  portion  occupied 
by  said  grantee;  and  all  tracks  constructed  by  said  grantee 
wherever  streets  shall  be  paved  shall  be  with  the  flat  rail;  and 
on  the  portions  herein  granted  of  Indiana  avenue,  Ninth  East 
street,  Tenth  East  street,  Fifth  South  street  and  Second  South 
Street,  and  on  such  streets  as  are  but  four  rods  wide,  said  gran- 
tee shall  construct  no  more  than  one  track,  and  no  switches,  and 
the  space  between  double  tracks,  or  between  main  track  and 
any  switches,  shall  not  exceed  seven  feet,  unless  authorized  by 
the  city  council.  The  price  of  a  single  passage  shall  not  exceed 
ten  cents,  and  no  charge  shall  be  made  in  excess  thereof.  Said 
company  shall  pay  into  the  city  treasury  a  per  capita  tax  of  1^ 
mills  for  each  and  every  fa^e  collected. 

[Sections  two,  three,  four,  five  and  six  are  identical  in  lan- 
guage with  the  like  numbered  sections  in  the  preceding  fran- 
chise to  the  Rapid  Transit  Company,  granted  April  22,  1890. 
See  pages  457,  458,  461.  ] 

SEC.  7.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  .grantee 
within  thirty  days  after  the  passage  of  this  resolution,  together 
with  a  relinquishment  to  Salt  Lake  City  of  said  grantee's  fran- 
chise on  Eighth  East  street,  then  this  grant  and  franchise  shall 
become  null  and  void,  and  all  rights  on  that  portion  of  streets 
herein  granted,  on  which  said  road  is  not  actually  constructed 
and  operated  within  three  years  after  such  acceptance,  shall  at 
once  be  forfeited  to  the  city. 

[May  6,  1890.] 


STREET    RAILWAYS.  465 


A  RESOLUTION 

GRANTING  A  FRANCHISE  TO  C.  E.  WANTLAND,  W.  H.  IRVINE,  J.  T. 
M'NARY,  HARVEY  HARDY,  GEORGE  CRISMON  AND  H.  M.  M'CART- 
NEY  FOR  A  STREET  RAILWAY. 


Franchise  to  C.  E.  Wantland  et  al.  for  Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  C.  E.  Wantland,  W.  H.  Irvine,  J.  T.  McNary, 
Harvey  Hardy,  George  Crismon  and  H.  M.  McCartney,  their 
successors  and  assigns,  have  the  authority  and  consent  of  the 
council,  and  the  permission  is  hpreby  granted  them,  to  construct 
and  operate  by  horse,  electric  or  cable  motive  power  a  single- 
track  street  railroad,  together  with  all  the  necessary  switches 
for  the  accommodation  of  said  road,  on  the  following  street  of 
said  city,  namely: 

Along  Tenth  South  street  ( being  the  street  south  of  Liberty 
Park),  from  Eleventh  East  street  to  Seventh  East  street. 

On  the  following  conditions,  viz. :  Such  track  or  tracks  to 
be  laid  on  such  grades  as  are  now  or  may  hereafter  be  estab- 
lished by  the  city  council.  In  consideration  of  this  franchise 
the  grantees,  their  successors  and  assigns  aforesaid,  are  hereby 
required  to  keep  in  good  repair  the  space  inside  and  between 
the  tracks,  and  a  space  of  two  feet  each  side  of  the  same,  with 
the  same  material  as  is  used  on  the  street  where  such  track  is 
laid,  and  also  to  use  no  steam  power,  unless  the  same  be  sta- 
tionary, on  any  part  of  the  road  for  propelling  cars,  unless  per- 
mitted by  the  city  council.  And  the  grantees  aforesaid  shall 
place  cars  upon  said  railroad,  with  all  necessary  modern  im- 
provements for  the  convenience  and  comfort  of  the  passengers, 
which  shall  be  run  thereon  each  and  every  day,  both  ways,  as 
often  as  the  public  convenience  may  require,  at  a  rate  of  speed 
not  exceeding  twelve  miles  per  hour,  and  under  such  regula-  . 
tions  as  the  city  council  may  from  time  to  time  prescribe;  Pro- 
ruled,  that  the  grantees  aforesaid  shall  comply  with  the  direc- 
tions of  the  citv  council  in  the  construction  of  said  railroad,  and 
so 


f 


466  STREET   RAILWAYS. 


in  any  other  matters  connected  with  the  regulation  of  the  same; 
and  that  the  track  or  tracks  shall  be  constructed  in  the  center 
of  the  streets,  unless  otherwise  directed  by  the  city  council,  in 
such  manner  as  shall  be  approved  by  the  street  supervisor;  the 
track  to  be  laid  and  the  road  operated  so  as  to  cause  no  un- 
necessary impediment  to  the  common  and  ordinary  use  of  said 
streets  for  all  purposes;  and  that  the  water  courses  of  said 
streets  shall  be  left  free  and  unobstructed;  said  track  to  be  laid 
upon  good  foundation  even  with  the  surface  of  the  roadway; 
and  good  and  permanent  crossings  shall  be  made  by  the  grantees 
aforesaid  at  the  intersection  of  the  streets  and  elsewhere, 
wherever  the  same  shall  be  necessary,  at  the  discretion  of  the 
city  council,  and  under  the  direction  and  to  the  acceptance  of 
the  street  supervisor;  and  upon  such  portion  of  streets  herein 
granted  as  are  only  partially  graded,  said  grantees  shall  so  grade 
said  streets  as  to  give  trackage  to  vehicles  equivalent  to  the 
portion  occupied  by  said  grantees;  and  all  tracks  constructed  by 
said  grantees,  wherever  streets  shall  be  paved,  shall  be  with  the 
flat  rail.  The  price  of  a  single  passage  shall  not  exceed  five 
cents,  and  no  charge  shall  be  made  in  excess  thereof.  Said  com- 
pany shall  pay  into  the  city  treasury  a  per  capita  tax  of  \\  mills 
for  each  and  every  fare  collected. 

[Sections  two,  three,  four,  five  and  six  are  identical  in  lan- 
guage with  the  like  numbered  sections  in  the  franchise  to  the 
Rapid  Transit  Company,  granted  April  22,  1890.  See  pages 
457,458,461.] 

SEC.  7.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantees 
within  thirty  days  after  the  passage  of  this  resolution,  or  if 
work  be  not  commenced  within  sixty  days  after  said  acceptance, 
or  if  work  be  not  completed  within  one  year  after  said  accept- 
ance, then  this  grant  and  franchise  shall  become  null  and  void. 

[June  24,  1890.] 


STREET   RAILWAYS.  4GT 


A  RESOLUTION 

GRANTING   A    FRANCHISE    TO    THE    POPPERTON    p'lACE     AND   FORT 
DOUGLAS   RAPID   TRANSIT   COMPANY. 


Franchise  to  Popperton  Place  and  Fort  Dougla*   Kapid 
Transit  Company  for  Twenty  Years. 

SECTION  1.  Be  it  Resolved  by  the  City  Council  of  Salt 
Lake  City:  That  the  Popperton  Place  and  Fort  Douglas  Kapid 
Transit  Company,  its  successors  and  assigns,  have  the  authority 
and  consent  of  the  council,  and  the  permission  is  hereby  granted' 
it,  to  construst  and  operate  by  electric  or  cable  motive  power,  a 
single-track  street  railroad,  together  with  all  the  necessary 
switches  for  the  accommodation  of  said  road,  on  the  following 
streets  of  said  city,  namely:  Along  Fourth  street  from  Popper- 
ton  Place  to  D  street ;  along  D  street  from  Fourth  street  to 
South  Temple  street;  along  Second  street  from  Popperton 
Place  to  T  street;  along  T  street  from  Second  street  to  the  south 
line  of  First  street,  on  the  following  conditions,  viz:  Such  track 
or  tracks  to  be  laid  on  such  grades  as  are  now,  or  may  hereafter, 
be  established  by  the  city  council.  In  consideration  of  this  fran- 
chise, the  grantee,  its  successors  and  assigns  aforesaid,  are  here- 
by required  to  keep  in  good  repair  the  space  inside  and  between 
the  tracks,  and  a  space  of  two  feet  each  side  of  the  same,  with 
the  same  material  as  is  used  on  the  street  where  such  track  is 
laid,  and  also  to  use  no  steam  power,  unless  the  same  be  station- 
ary, on  any  part  of  the  road  for  propelling  cars  unless  permitted 
by  the  city  council.  And  the  grantee  aforesaid  shall  place  cars 
upon  said  railroad,  with  all  necessary  modern  improvements  for 
the  convenience  and  comfort  of  the  passengers,  which  shall  be 
run  thereon  each  and  every  day  both  ways,  as  often  as  the  pub- 
lic convenience  may  require,  at  a  rate  of  speed  not  exceeding 
twelve  miles  per  hour,  and  under  such  regulations  as  the  city  coun- 
cil may  from  time  to  time  prescribe;  Provided,  that  the  grantee 
aforesaid  shall  comply  with  the  directions  of  the  city  council  in 


468  STREET    RAILWAYS. 


the  construction  of  said  railroad,  and  in  any  other  matters  con- 
nected with  the  regulation  of  the  same,  and  that  the  track  or 
tracks  shall  be  constructed  in  the  center  of  the  streets,  unless 
otherwise  directed  by  the  city  council,  and  in  such  manner  as 
shall  be  approved  by  the  street  supervisor,  the  track  to  be  laid 
and  the  road  operated,  so  as  to  cause  no  unnecessary  impedi- 
ment to  the  common  and  ordinary  use  of  said  streets  for  all 
purposes  ;  and  that  the  water  courses  of  said  streets  shall  be 
left  free  and  unobstructed;  said  track  to  be  laid  upon  good 
foundation,  even  with  the  surface  of  the  roadway ;  and  good  and 
permanent  crossings  shall  be  made  by  the  grantee  aforesaid  at 
the  intersection  of  the  streets  and  elsewhere  wherever  the  same 
.shall  be  necessary,  at  the  discretion  of  the  city  council,  and 
under  the  direction  and  to  the  acceptance  of  the  street  super- 
visor. And  all  tracks  constructed  by  said  grantee,  wherever 
streets  shall  be  paved,  shall  be  with  the  flat  rail,  and  the  space 
between  main  track  and  any  switches  shall  not  exceed  seven 
feet,  unless  authorized  by  the  city  council.  And  that  the  trolley 
wire  (if  electricity  be  used)  shall  be  suspended  from  wires  at- 
tached to  poles  at  or  near  the  curb  line  of  the  street. 

The  price  of  a  single  passage  shall  not  exceed  ten  cents, 
and  no  charge  shall  be  made  in  excess  thereof.  Said  company 
shall  pay  into  the  city  treasury  a  per  capita  tax  of  1^  mills  for 
each  and  every  fare  collected  from  travel  on  the  lines  herein 
granted. 

SEC.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty  years  from  the  date  of  the  passage  of  this  resolution,  and 
accepted  on  the  following  conditions,  viz. :  That  if  the  grantee, 
its  successors  and  assigns,  shall  fail  to  perform  any  of  the  stip- 
ulations of  this  resolution,  the  city  council,  after  sixty  days' 
notice,  and  on  failure  on  the  part  of  said  company  to  provide  a 
remedy  or  make  satisfactory  arrangement  therefor,  may  by  a 
two-thirds  vote,  declare  the  privileges  herein  granted  forfeited, 
and  proceed  to  take  possession  of  the  road-bed  and  control  the 
same  as  if  this  resolution  had  not  been  passed. 

SEC.  3.  That  nothing  in  this  grant  shall  be  so  construed 
as  to  prevent  Salt  Lake  City  or  its  authorized  agents  from  pav- 
ing, sewering,  or  laying  gas  or  water  mains  or  pipes,  altering, 
repairing,  or  in  any  manner  improving  any  of  the  streets  men- 


STREET    RAILWAYS.  469 


tioned  herein,  or  any  other  streets  of  said  city,  but  all  such 
improvements  shall  be  made  with  as  little  injury  as  practicable 
to  said  railroad  and  the  operating  thereof. 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railroad  the  said  grantee  and  its  successors  and  assigns  shall  at 
all  times  conform  to  such  ordinances,  rules  and  regulations  as 
have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city,  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  a  sum  not  exceeding  one  hundred  dollars. 

That  whenever  the  city  council  shall  find  it  necessary  or 
desirable  to  grant  to  any  other  street  railroad  company  a  fran- 
chise over  any  of  the  streets  herein  granted,  to  secure  to  such 
other  company  a  connection  with  any  important  center  or  termi- 
nus, the  grantee  herein  shall  allow  running  arrangements  over 
grantee's  tracks  to  such  other  company  on  streets  where  said 
grantee  may  have  a  double  track,  upon  such  other  company 
making  equitable  payment  for  constructing,  maintaining  and 
operating  the  portion  of  said  grantee's  track  so  used. 

SEC.  5.  That  Salt  Lake  City  shall  in  no  way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
construction  or  operation  of  said  railway  by  reason  of  the  de- 
fault or  misconduct  of  said  grantee  and  its  successors  and 
assigns,  or  their  employes,  and  the  acceptance  of  this  grant  shall 
be  deemed  an  agreement  on  the  part  of  the  said  grantee  for 
itself  and  successors  and  assigns  to  save  the  said  city  harmless 
from  and  against  all  liability,  loss,  costs,  expense  and  damage 
of  any  nature  arising  out  of  any  such  default  or  misconduct,  or 
which  may  accrue  by  reason  of  any  accident  or  injury  which 
may  occur  in  or  by  reason  of  the  construction  of  said  railway, 
and  to  indemnify  and  repay  said  city  for  any  loss,  costs,  expense 
or  damage  of  any  kind  it  may  sustain  by  reason  of  any  such  de- 
fault, misconduct,  accident  or  injury  ;  and  if  any  judgment  for 
damages  for  any  such  default,  misconduct,  accident  or  injury 
shall  be  recovered  against  the  said  city,  the  recovery  thereof 
and  the  judgment  therefor  shall  be  final  as  between  the  said 
city  and  said  grantee  and  its  successors  and  assigns,  and  con- 
clusive as  to  the  liabilities  of  the  latter  to  the  former;  Provided, 
said  grantee  has  had  notice  of  the  pendency  of  the  suit  in 


' 


470  STREET    RAILWAYS. 


which  said  judgment  is  recovered,  and  had  been  given  an  op- 
portunity to  defend  the  same. 

SEC.  6.  Thflt  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  days  after  the  passage  of  this  resolution,  then  this 
grant  and  franchise  shall  become  null  and  void.  And  all  rights 
on  that  portion  of  streets  herein  granted  on  which  said  road  is 
not  actually  constructed  within  eighteen  months  after  such  ac- 
ceptance, shall  be  forfeited  to  the  city. 

[September  8,  A.  D.  1891.] 


A    RESOLUTION 

GRANTING     A    FRANCHISE     TO     THE    WEST     SIDE     RAPID     TRANSIT 

COMPANY. 


Franchise    to  West   Side  Rapid    Transit  Company  for 
Twenty  Years, 

SECTION  1.  Be  it  Resolved  by  ike  City  Council  .of  Salt 
Lake  City:  That  the  West  Side  Rapid  Transit  Company,  its 
'Successors  and  assigns,  have  the  authority  and  consent  of  the 
•council,  and  the  permission  is  hereby  granted  it,  to  construct 
and  operate  by  any  motive  power,  excepting  only  animal  or 
steam  locomotive,  a  single  or  double-track  street  railroad,  to- 
gether with  all  the  necessary  switches  for  the  accommodation 
of  said  road,  on  the  following  streets  and  roads  of  said  city,  to- 
"wit:  Commencing  at  the  intersection  of  Second  South  and 
First  West  streets;  thence  South  along  First  West  street  to 
Sixth  South  street;  thence  west  along  Sixth  South  street  to 
Eighth  West  street;  thence  south  along  Eighth  West  street  to 
Eighth  South  street;  thence  west  on  Eighth  South  street  to  the 
west  bank  of  the  River  Jordan;  thence  west  along  Indiana  ave- 
nue to  the  county  road,  running  north  and  south  upon  the  cen- 
ter line  of  section  ten,  township  one  south,  range  one  west; 
thence  south  along  said  county  road  forty-six  rods,  more  or  less, 
to  the  intersection  of  said  county  road  with  a  county  road  run- 


STREET    RAILWAYS.  •  471 


ning  east  and  west;  thence  west  along  said  last-named  road  to 
the  city  limits. 

Also,  commencing  at  the  intersection  of  Sixth  South  and 
Second  West  streets,  thence  south  along  Second  West  street  to 
Tenth  South  or  Roper  street;  thence  west  along  said  last-named 
street  to  the  west  bank  of  the  Jordan  river;  thence  west  along 
that  certain  street  designated  in  the  official  plat  of  Burlington 
Place  as  Colorado  street  to  ,the  street  designated  as  First  street 
in  the  official  plat  of  Glendale  Park  Addition;  thence  south 
along  said  First  street  to  the  county  road  running  along  the 
southerly  boundary  of  said  Glendale  Park  Addition;  thence 
west  along  said  last-named  county  road  to  the  city  limits. 

Also,  commencing  at  the  intersection  of  Indiana  avenue 
and  that  certain  street  designated  as  Second  street  in  the  official 
plat  of  Glendale  Park  Addition,  south  along  said  Second  street 
to  the  road  running  east  and  west  upon  the  southerly  boundary 
of  said  Glendale  Park  Addition. 

On  the  following  conditions,  viz: 

Such  track  or  tracks  to  be  laid  on  such  grades  as  are  now 
or  may  hereafter  be  established  by  the  city  council.  In  consid- 
eration of  this  franchise,  the  grantee,  its  successors  and  assigns 
aforesaid,  are  hereby  required  to  keep  in  good  repair  the  space 
inside  and  between  the  tracks,  and  a  space  of  two  feet  each  side 
of  the  same,  with  the  same  material  as  is  used  on  the  street 
where  such  track  is  laid;  and  also  to  use  no  steam  power,  unless 
the  same  be  stationary,  on  any  part  of  the  road  for  propelling 
cars,  unless  permitted  by  the  city  council.  And  the  grantee 
aforesaid  shall  place  cars  upon  said  railroad,  with  all  necessary 
modern  improvements  for  the  convenience  and  comfort  of  the 
passengers,  which  shall  be  run  thereon  each  and  every  day,  both 
ways,  as  often  as  the  public  convenience  may  require,  at  a  rate 
of  speed  not  exceeding  twelve  miles  per  hour,  and  under  such 
regulations  as  the  city  council  may  from  time  to  time  prescribe; 
Provided,  that  the  grantee  aforesaid  shall  comply  with  the 
directions  of  the  city  council  in  the  construction  of  said  rail- 
road, and  in  any  other  matters  connected  with  the  regulation  of 
the  same,  and  that  the  track  or  tracks  shall  be  constructed  in 
the  center  of  the  streets,  unless  otherwise  directed  by  the  city 
council,  and  in  such  manner  as  shall  be  approved  by  the  street 


472  •  STREET   RAILWAYS. 


supervisor,  the  track  to  be  laid  and  the  road  operated  so  as  to 
cause  no  unnecessary  impediment  to  the  common  and  ordinary 
use  of  said  streets  for  all  purposes;  and  that  the  water-courses 
of  said  streets  shall  be  left  free  and  unobstructed ;  said  track  to 
be  laid  upon  good  foundation,  even  with  the  surface  of  the  road- 
way, and  good  and  permanent  crossings  sfrall  be  made  by  the 
grantee  aforesaid  at  the  intersection  of  the  streets  and  else- 
where wherever  the  same  shall  be  necessary,  at  the  discretion  of 
the  city  council  and  under  the  direction  and  to  the  acceptance  of 
the  street  supervisor;  and  upon  such  portion  of  streets  herein 
granted  ag  are  only  partially  graded,  said  grantee  shall  so  grade 
said  streets  as  to  give  trackage  to  vehicles  equivalent  to  the 
portion  occupied  by  said  grantee;  and  all  tracks  constructed  by 
said  grantee  wherever  streets  shall  be  paved  shall  be  with  the 
flat  rail;  and  on  such  streets  as  are  but  four  rods  wide,  and  on 
Indiana  avenue,  said  grantee  shall  construct  no  more  than  one 
track,  and  no  switches,  and  the  space  between  double  tracks,  or 
between  main  track  or  any  switches,  shall  not  exceed  seven  feet, 
unless  authorized  by  the  city  council.  The  price  of  a  single 
passage  shall  not  exceed  ten  cents,  and  no  charge  shall  be  made 
in  excess  thereof.  Said  company  shall  pay  into  the  city  treasury 
a  per  capita  tax  of  one  and  one-quarter  mills  for  each  and  every 
fare  collected. 

SEC.  2.  That  this  franchise  is  granted  for  the  term  of 
twenty  years  from  the  date  of  the  passage  of  this  resolution, 
and  accepted  on  the  following  conditions,  viz:  That  if  the 
grantee,  its  successors  and  assigns  shall  fail  to  perform  all  the 
stipulations  of  this  resolution,  the  city  council,  after  sixty  days' 
notice,  and  on  failure  on  part  of  said  company  to  provide  a 
remedy  or  make  satisfactory  arrangement  therefor,  may,  by  a 
two-thirds  vote,  declare  the  privileges  herein  granted  forfeited, 
and  proceed  to  take  possession  of  the  road-bed,  and  control  the 
same  as  if  this  resolution  had  not  passed. 

SEC.  3.  That  nothing  in  this  grant  shall  be  so  construed  as 
to  prevent  Salt  Lake  City  or  its  authorized  agents  from  paving, 
sewering,  or  laying  gas  or  water  mains  or  pipes,  altering,  repair- 
ing, or  in  any  manner  improving  any  of  the  streets  mentioned 
herein,  or  any  other  streets  of  said  city,  but  all  such  improve- 


STREET   RAILWAYS.  473 


ments  shall  be  made  with  as  little  injury  as  practicable  to  said 
railways  and  the  operating  thereof. 

SEC.  4.  That  in  the  construction  and  operation  of  said 
railroad,  the  said  grantee  and  its  successors  and  assigns  shall  at 
all  times  conform  to  such  ordinances,  rules  and  regulations  as 
have  been  or  may  hereafter  be  adopted  by  the  city  council  of 
said  city  in  relation  to  operating  railroads,  street  railways  or 
tramways  in  said  city,  and  for  each  violation  thereof  they  shall 
be  liable  to  a  fine  in  a  sum  not  exceeding  one  hundred  dollars. 

SEC.  5.  That  whenever  the  city  council  shall  find  it  neces- 
sary or  desirable  to  grant  to  any  other  street  railroad  company 
a  franchise  over  any  of  the  streets  herein  granted,  to  secure  to 
such  other  company  a  connection  with  any  important  center  or 
terminus,  the  grantee  herein  shall  allow  running  arrangements 
over  grantee's  tracks  to  such  other  company  on  streets  where 
said  grantee  may  have  double  track,  upon  such  other  company 
making  equitable  payment  for  constructing,  maintaining  and 
operating  the  portion  of  said  grantee's  track  so  used. 

SEC.  6.  That  Salt  Lake  City  shall  in  no  Way  be  liable  or 
responsible  for  any  accident  or  damage  that  may  occur  in  the 
construction  or  operation  of  said  railway  by  reason  of  the  de- 
fault or  misconduct  of  said  grantee  and  its  successors  and 
assigns,  or  its  employe's,  and  the  acceptance  of  this  grant 
shall  be  deemed  an  agreement  on  the  part  of  said  grantee  for 
itself  and  successors  and  assigns  to  save  the  said  city  harmless 
from  and  against  all  liability,  loss,  costs,  expenses  and  damage  of 
any  nature  arising  out  of  any  such  default  or  misconduct,  or 
which  may  accrue  by  reason  of  any  accident  or  injury  which 
may  occur  in  or  by  reason  of  the  construction  or  operation  of 
said  railway,  and  to  indemnify  and  repay  said  city  for  any  loss, 
costs,  expense  or  damage  of  any  kind  it  may  sustain  by  reason 
of  any  such  default,  misconduct,  accident  or  injury  shall  be  re- 
covered against  the  said  city,  the  recovery  thereof  and  the  judg- 
ment therefor  shall  be  final  as  between  the  said  city  and  the 
said  grantee  and  its  successors  and  assigns,  and  conclusive  as  to 
the  liability  of  the  latter  to  the  former  ;  Provided,  said  grantee 
has  had  notice  of  the  pendency  of  the  suit  in  which  such  judg- 
ment is  recovered,  and  has  been  given  an  opportunity  to  defend 
the  same. 


' 


474  STREET   RAILWAYS. 


SEC.  7.  That  if  this  grant,  with  the  terms  and  conditions 
herein  contained,  be  not  accepted  in  writing  by  said  grantee 
within  thirty  days  after  the  passage  of  this  resolution,  or  if 
work  be  not  commenced  within  sixty  days  after  said  acceptance, 
or  if  work  be  not  completed  on  four  miles  of  the  streets  and 
roads  hereinbefore  designated  within  six  months  after  said  ac- 
ceptance, then  this  grant  and  franchise  shall  become  null  and 
void,  and  all  rights  on  streets  herein  granted  on  which  said  road 
is  not  actually  constructed  and  operated  within  five  years  after 
such  acceptance,  shall  at  once  be  forfeited  to  the  city. 

SEC.  8.  Permission  is  hereby  granted  to  the  West  Side 
Rapid  Transit  Company,  its  successors  or  assigns,  to  use  and 
operate  upon  a  portion  of  the  streets  and  roads  hereinbefore 
enumerated,  a  steam  dummy  or  motor,  said  dummy  or  motor  to 
be  of  the  pattern  and  design  ordinarily  used  and  operated  upon 
street  railways  ;  Provided,  however,  that  this  shall  not  be  con- 
strued to  grant  to  the  said  company  or  its  successors  or  assigns 
permission  to  allow  its  road  or  track  to  be  used  by  any  railroad 
company  other  than  a  street  railroad  company.  The  street  and 
roads  over  which  permission  is  hereby  granted  to  use  and 
operate  steam  dummies  or  motors  are  the  following,  to-wit : 
Commencing  at  the  intersection  of  Seventh  South  and  Second 
West  streets,  thence  south  along  Second  West  street  to  Tenth 
South  or  Roper  street,  thence  west  along  said  last  named  street 
to  the  west  bank  of  the  Jordan  river,  thence  west  along  that 
certain  street  designated  in  the  official  plat  of  Burlington  Place 
as  Colorado  street,  to  the  street  designated  as  First  street  in  the 
official  plat  of  Glendale  Park  Addition,  thence  south  along  said 
First  street  to  the  county  road  running  along  the  southerly 
boundary  of  said  Glendale  Park  Addition,  thence  west  along 
said  last  named  county  road  to  the  city  limits. 

Whenever,  in  the  wisdom  of  the  city  council,  public  inter- 
ests demand  the  change  of  motive  power  from  the  steam  dummy 
or  motor  to  the  electric  or  cable  system,  they  may  so  order,  and 
it  shall  be  the  duty  of  the  grantee  herein  to  make  the  change 
within  six  months  from  the  date  of  such  order. 

[May  2,  1890  ;  July  1,  1890.] 


SUNDRY  EXPENSE  FUND.  475 


CHAPTER   XLVIII. 


SUNDRY  EXPENSE  FUND. 

The  Council  to  Appropriate. 

SECTION  1.  A  sundry  expense  fund  is  hereby  created,  to 
which  from  time  to  time,  as  shall  be  deemed  necessary,  the  city 
council  shall  appropriate  funds  to  meet  and  pay  such  expenses 
of  the  city  the  payment  of  which  is  not  otherwise  provided  for 
by  ordinance.  The  said  fund  shall  be  under  the  control  of  the 
mayor  and  auditor  of  public  accounts,  who  shall  audit  and  pay 
all  bills  justly  chargeable  to  said  fund. 
[May  20,1890.] 


476  TAXATION. 


CHAPTER  XLIX. 


TAXATION. 

For  Municipal  Purposes. 

SECTION  1.  All  property  within  the  corporate  limits  of 
Salt  Lake  City  which  now  is  or  which  may  hereafter  be  made 
taxable  for  county  or  Territorial  purposes  by  the  Inws  of  the 
Territory  of  Utah,  shall  be  assessed  and  taxed  for  municipal 
purposes. 

The  assessment  on  all  property  taxable  as  aforesaid  and  the 
collection  of  all  general  taxes  levied  for  municipal  purposes  in 
said  city  shall  be  made  in  the  manner  now,  or  which  may  here- 
after be  provided  by  the  laws  of  the  Territory  for  the  assess- 
ment of  property,  for  the  collection  of  taxes  for  county  and 
Territorial  purposes  and  the  redemption  from  tax  sales. 


TELEGRAPH,  TELEPHONE  AND  ELECTRIC  WIRES  AND  POLES.  477 


CHAPTER  L. 


TELEGRAPH,  TELEPHONE  AND  ELECTRIC  WIRES 

AND  POLES. 

Permit  from  City  Engineer. 

SECTION  1.  No  person,  firm  or  corporation  shall  erect  any 
telegraph,  telephone,  electric  light,  electric  railroad  or  any  other 
poles  in  any  of  the  streets  of  Salt  Lake  City,  except  in  strict 
pursuance  of  a  permit  from  the  city  engineer,  which  permit 
must  be  on  the  ground  during  the  whole  time  the  work  of  erect- 
ing any  such  pole  or  poles  is  in  progress,  and  exhibited  to  any 
policeman  or  other  person  who  ask  to  see  it. 

[September  9,  1890.] 

Applications  for  Permits. 

SEC.  2.  All  applications  for  permits  must  be  made  in 
writing,  signed  by  the  corporation,  firm  or  person  desiring  to 
erect  any  such  pole  or  poles,  showing  the  place  or  places  where 
such  pole  or  poles  are  proposed  to  be  erected,  said  application 
to  be  left  with  the  city  engineer  to  be  filed  in  his  office. 

[September  9,  1890.] 

When  Permit  \ot  to  I*- no. 

SEC.  3.  No  permit  shall  be  granted  by  the  city  engineer 
for  the  erection  of  any  pole  or  poles  in  any  of  the  streets  of  Salt 
Lake  City  when  the  erection  of  the  same  would  in  any  way  in- 
terfere with  any  sewer  or  sewer  connection,  or  gas  or  water 
mains  or  pipes,  or  which  in  any  other  way  would  interfere 
with  the  free  use  of  said  streets. 

[September  9,  1890.] 


478  TELEGRAPH,  TELEPHONE  AND  ELECTRIC  WIRES  AND  POLES. 

Unlawful  to  Erect  Certain  Poles. 

SEC.  4.  It  shall  be  unlawful  for  any  person  or  corporation 
to  erect  or  maintain  any  pole  or  other  obstruction  at  the  center 
of  the  intersection  of  any  of  the  streets  of  Salt  Lake  City,  to 
be  used  for  any  other  purpose  than  that  of  lighting  said  streets, 

[February  11,  1890.] 

Company  Erecting  to  Give  Bond. 

SEC.  .5.  Before  any  person,  copartnership  or  company 
shall  erect  or  maintain,  any  telegraph,  telephone  or  electric 
light  poles  or  lines  within  the  corporate  limits  of  Salt  Lake  City, 
he  or  they  shall  enter  into  a  bond  to  the  city  in  the  sum  of 
twenty-five  thousand  dollars  to  keep  said  city  indemnified  for  or 
on  account  of  any  and  all  damages  that  may  be  caused  by  reason 
of  the  erection,  management  or  use  of  such  telegraph,  telephone 
or  electric  light  poles  or  lines  in  said  city. 

[February  14,  1888.  J 

Supervisor  Shall  Direct  Construction. 

SEC.  6.  Any  person,  copartnership  or  company  who  shall 
erect  any  telegraph,  telephone  or  electric  light  lines  in  Salt 
Lake  City,  shall  construct  the  same  under  the  direction  of  the 
street  supervisor,  and  in  such  manner  and  place  as  the  city 
council  may  by  ordinance  or  resolution  prescribe. 

[February  14,  1888.] 

Height  and  Size  of  Poles. 

SEC.  7.  Any  person,  copartnership  or  company  who  shall 
erect  or  place  in  position  for  telegraph  or  telephone  purposes, 
any  pole  or  poles,  shall  have  the  same  of  a  height  sufficient  so 
that  the  lowest  wire  shall  be  at  least  thirty  feet  from  the  ground, 
and  no  pole  for  either  of  the  above  purposes  shall  be  less  than 
six  inches  in  diameter  at  the  top. 

[February  14,  1888.] 

Electric  Light  Poles  and  Wires. 

SEC.  8.  Any  person,  copartnership  or  company,  who  shall 
erect,  place  in  position,  or  maintain  for  electric  light  purposes, 


TELEGKAPH,  TELEPHONE  AND  ELECTRIC  WIRES  AND  POLES.  47! > 

any  pole  or  poles,  shall  have  the  same  so  that  the  lowest  wire 
shall  be  at  least  twenty-three  feet  from  the  ground  at  the  lowest 
point,  and  the  highest  wire  shall  not  exceed  twenty-seven  feet 
from  the  ground,  except  where  it  may  be  necessary  to  raise 
any  of  such  wires  higher  than  twenty-seven  feet  for  the  pur- 
pose of  crossing  electric  street-car  wires  and  to  avoid  coming  in 
contact  with  the  trolley  arm  of  the  street-cars,  and  no  pole  for 
this  purpose  shall  be  less  than  six  inches  in 'diameter  at  the 
top;  and  so  far  as  practicable  said  electric  light  line  shall  be 
erected  on  the  opposite  side  of  any  street  or  alley  to  that  which 
is  occupied  by  wires  of  a  telegraph  or  telephone  line;  Provided, 
that  in  any  case  where  any  street  may  be  occupied  on  one  side 
by  telegraph  wires  and  upon  the  other  side  by  telephone  wires, 
and  it  is  desired  to  erect  electric  light  wires  along  one  side  only 
of  the  said  street,  such  electric  light  wires  shall  be  placed  under 
the  telegraph  wires  and  not  under  the  telephone  wires. 
[September  23,  1890.] 

Electric  Light  Wires  Crossing  Other  Wires. 

SEC.  9.  Whenever  it  is  necessary  for  an  electric  light  wire 
to  approach  or  cross  the  line  of  any  alarm  and  police  telegraph, 
telegraph  or  telephone  line,  the  same  shall  not  approach  to  or 
cross  at  a  distance  of  less  than  three  feet  either  above  or  below 
said  fire  alarm  and  police  telegraph,  telegraph  or  telephone 
wire,  and  shall  be  securely  fastened  on  supports  placed  as  near 
as  practicable  to  said  fire  alarm  and  police  telegraph,  telegraph 
or  telephone  lines,  or  shall  be  carried  in  troughs  or  boxes  across 
the  route  of  said  fire  alarm  and  police  telegraph,  telegraph  or 
telephone  lines,  so  constructed  and  placed  as  to  prevent  the 
electric  light  and  telegraph  or  telephone  lines  coming  in  direct 
contact  in  case  either  should  break  or  become  detached  from 
fixtures.  No  wires  used  as  conductors  for  electric  lighting  pur- 
poses shall  be  so  erected  or  placed  as  to  interfere,  by  contact, 
induction  or  otherwise,  with  the  successful  operation  of  any  fire 
alarm  and  police  telegraph,  telegraph  or  telephone  wire,  circuit 
or  instrument.  Whenever  any  such  wire,  used  as  a  conductor 
for  electric  lighting  purposes,  shall  be  so  erected,  placed  or 
maintained  as  to  violate  any  of  the  provisions  of  this  chapter,. 


480  TELEGEAPH,  TELEPHONE  AND  ELECTRIC  WIRES  AND  POLES. 

or  so  as  to  interfere,  by  contact,  induction  or  otherwise,  with 
the  successful  operation  of  any  fire  alarm  and  police  telegraph, 
telegraph  or  telephone  line,  circuit  or  instrument,  any  proper 
city  authority,  and  any  corporation  or  person  owning  or  entitled 
to  the  use  of  any  such  fire  alarm  and  police  telegraph,  telegraph 
and  telephone  wire,  circuit  or  instrument,  may  serve  upon  the 
person,  company  or  corporation,  or  the  managing  agent  or  officer 
thereof,  operating  any  such  wires  used  for  electric  lighting  pur- 
poses, a  written  notice,  stating  the  manner  and  place  where  such 
wires  are  so  erected,  placed  or  maintained,  and  upon  receipt  of 
such  notice  it  shall  be  the  duty  of  such  person,  company,  cor- 
poration, agent  or  officer  so  served  to  remove  all  such  wires 
specified  in  such  notice  which  are  erected,  placed  or  maintained 
in  violation  of  any  of  the  provisions  of  this  chapter. 
[February  14,  1888;  September  23,  1890.] 

One  II  ii  ml  red  Wires— Poles  Peeled  and  Painted. 

SEC.  10.  No  person,  copartnership  or  company,  who  shall 
erect  or  maintain  telephone,  telegraph  or  other  poles  in  the 
streets  of  said  city,  shall  string  to  exceed  one  hundred  separate 
wires  upon  the  same.  All  poles  erected  for  the  purposes  set 
forth  in  this  chapter  shall  have  the  bark  peeled  from  the  same 
and  be  neatly  trimmed  of  knots,  and  otherwise  present  a  neat 
appearance,  and  within  the  fire  limits  shall  be  painted  black  ten 
feet  from  the  surface  of  the  ground  and  the  remainder  white, 
and  they  shall  not  be  erected  or  set  nearer  than  six  feet  to  any 
gas  or  water  main  or  service  pipe,  nor  shall  they  vary  more  than 
six  inches  from  a  perpendicular  position. 

[February  14,  1888.] 

Fire  Alarm  or  Police  Telegraph. 

SEC.  11.  In  case  the  corporation  of  Salt  Lake  City  desire 
at  any  time  to  put  in  operation  any  fire  alarm  or  police  tele- 
graph system,  it  reserves  to  itself  the  right  to  use  the  top  of,  or 
a  space  near  the  top  of,  any  and  all  telegraph  and  telephone 
poles,  free  of  expense,  for  the  purpose  of  attaching  wires  thereto 
for  the  purpose  of  use  in  said  fire  alarm  or  police  telegraph,  and 
the  granting  of  any  franchise  to  any  person,  copartnership 


TELEGRAPH,  TELEPHONE  AND  ELECTEIC  WIRES  AND  POLES.  481 

or  company  to  erect  poles  for  any  of  the  purposes  indicated  in 
this  chapter  shall  be  with  the  above  reservation  of  privilege  or 
right. 

[February  14,  1888.] 

Penalties. 

SEC.  12.  Any  person,  copartnership  or  company  not  hav- 
ing the  right  and  authority  to  do  so,  who  shall  wilfully  or 
negligently  injure,  pull  down,  break  or  deface  any  telegraph, 
telephone  or  electric-light  pole  or  wire,  or  who  shall  violate  or 
fail  to  comply  with  any  provision  or  requirement  of  the  fore- 
going sections  of  this  chapter,  shall,  upon  conviction  thereof, 
be  fined  not  less  than  five  dollars  nor  more  than  one  hundred 
dollars. 

[February  14,  1888.] 


31 


482  TREASURER. 


CHAPTER    LI. 


TKEASURER. 

Custodian  of  City  Fund*. 

SECTION  1.  The  treasurer  shall  receive  all  moneys  belong- 
ing to  the  city,  whether  the  same  be  raised  by  taxation  or  other- 
wise, and  shall  be  the  custodian  of  all  the  property  of  the  city,  the 
custody  of  which  is  not  otherwise  provided  for.  He  shall  dis- 
burse the  funds  and  surrender  the  property  of  the  city  only 
upon  orders  signed  by  the  auditor  of  public  accounts,  except  as 
hereinafter  provided.  He  shall  keep,  in  suitable  books,  a  full 
account  of  all  receipts  and  disbursements,  with  the  names  of 
persons  paying  or  receiving  such  funds,  and  the  objects  thereof, 
and  shall,  semi- annually,  on  or  before  the  fifteenth  day  of  Janu- 
ary and  the  fifteenth  day  of  July,  in  each  year,  present  to  the 
city  council  a  full  report  of  his  receipts  and  disbursements,  with 
vouchers  for  all  sums  disbursed. 

[January  4,  1859;  February  14,  1888.] 

Delivery  of  Property  to  Successor. 

SEC.  2.  The  treasurer's  books  of  account  shall  be  the 
property  of  the  city,  and  shall,  together  with  moneys,  papers  or 
other  property  in  his  possession  belonging  to  the  city,  be  deliv- 
ered to  his  successor  in  office  immediately  after  said  successor 
shall  have  been  duly  elected  and  qualified. 

[January  4,  1859;  February  14,  1888.] 

Deputy  Treasurer. 

SEC.  3.  The  deputy  treasurer  shall  attend  to  the  collection 
of  city  licenses  and  such  other  duties  as  may  be  required  of  him 
by  the  city  treasurer. 

[October  21,  1890.] 


VACANCIES.  483 


License  Inspector. 

SEC.  4.  The  license  inspector  shall  see  to  the  renewal  of 
ni  licenses,  ascertain  who  are  doing  business  without  license, 
and  be  subject  to  the  orders  of  the  treasurer. 


CHAPTER  LIT. 


VACANCIES. 
City  Council  to  Fill. 

SECTION  1.  In  case  any  vacancy  may  exist  in  any  elective 
office  of  the  city,  the  city  council  shall  appoint  a  suitable  person 
to  fill  said  vacancy,  who  shall  qualify  and  give  bond  in  the 
same  manner,  perform  the  same  duties,  and  be  subject  to  the 
same  liabilities  as  the  officer  whose  office  shall  become  vacant, 
and  he  shall  hold  office  until  his  successor  shall  be  duly  elected 
and  qualified,  unless  sooner  removed  by  the  city  council  for 
cause. 

[December  16,  1890.] 


484  .  VEHICLES. 


CHAPTER    LIII. 


VEHICLES. 

license  for  Public  Conveyances. 

SECTION  1.  It  shall  be  unlawful  for  any  person  to  engage 
in  the  business  of  hotel  runner,  or  run,  keep  or  use  for  hire,  for 
the  carrying  or  conveying  of  persons,  any  public  hackney  coach, 
•cab,  omnibus,  express  wagon,  carriage,  wagonette,  or  any  public 
passenger  vehicle  of  any  description  or  name  whatsoever,  using 
the  streets  of  Salt  Lake  City  for  trade  or  traffic,  without  a 
license  first  had  and  obtained  so  to  do. 

[June  14,  1887.] 

Hack  Stands. 

SEC.  2.  The  following  localities  are  hereby  established  as 
stands  for  public  vehicles: 

First — On  the  west  side  of  State  street,  between  South 
Temple  and  First  South  streets. 

Second— On  the  west  side  of  Third  West  street,  twenty  feet 
north  of  South  Temple  street,  and  on  the  north  side  of  South 
Temple  street,  twenty  feet  west  of  Third  West  street. 

Third — On  the  south  side  of  First  South  street,  ten  rods 
east  of  Fourth  West  street. 

Fourth — After  ten  o'clock  p.  m.,  any  street  in  the  city,  ex- 
cept immediately  in  front  of  theaters. 

[June  14,  1887;  February  14,  1888.] 

Hackinan  to  Remain  Within  Six  Feet. 

SEC.  3.  No  person  following  the  employment  of  hackman, 
cabman,  omnibus  driver,  coach  driver,  or  driver  of  any  pas- 
senger vehicle,  or  soliciting  patronage  for  any  such  vehicle, 
shall,  while  actually  engaged  in  his  employment  as  such  at  any 


VEHICLES.  485 


railroad  depot,  leave  his  hack,  omnibus,  coach  or  express  wagon, 
or  other  vehicle,  but  shall  remain  within  six  feet  of  said  coach, 
hack,  omnibus,  express  wagon,  or  other  vehicle,  except  it  be  to 
secure,  when  requested,  the  baggage  of  his  passengers. 
[June  14,  1887;  February  14,  1888.] 

Fraud  Prohibited. 

SEC.  4.  No  runner,  hackman,  omnibus  driver,  expressman, 
porter,  cabman,  or  person  carrying  passengers,  or  soliciting  for 
passenger  vehicles,  shall  induce  or  attempt  to  induce  any  per- 
son to  employ  him  to  convey  such  person,  by  either  knowingly  or 
wantonly  misinforming  or  misleading  such  person  as  to  the  time 
or  place  of  the  arrival  or  departure  of  any  railroad  train,  or 
other  conveyance,  or  the  location  of  any  railroad  depot,  office, 
station  or  ticket  office,  or  the  location  of  any  hotel,  stage  office, 
public  place,  or  private  residence  within  said  city,  nor  shall  he 
practice  any  deceit,  fraud  or  misrepresentation  in  any  manner 
whatever  relative  to  matters  pertaining  to  his  business. 

[June  14,  1887.] 

Shall  Keep  Off  Railroad  Cars. 

SEC.  5.  No  person  following  the  employment  of  runner,, 
hackman,  omnibus  driver,  expressman,  hotel  runner,  porter  or 
driver  of  any  passenger  vehicle,  shall  enter  into  or  upon  any  rail- 
road depot,  or  upon  any  passage  or  landing  leading  thereto,  while 
actually  engaged  in  his  employment  as  such;  Provided,  how- 
ever, that  nothing  herein  shall  prevent  the  persons  herein 
named  from  entering  in  and  upon  any  railroad  car,  depot  or 
passage  leading  thereto  for  the  purpose  6f  getting  the  baggage 
of  any  passenger  arriving  at  or  departing  from  the  city,  after 
having  first  obtained  and  exhibited  to  any  policeman  or  person 
in  charge  of  such  railroad  car,  depot,  passage  or  landing,  the 
check  or  checks  of  such  passenger  for  his  baggage. 

[June  14,  1887.] 

Disorderly  Conduct . 

SEC.  6.  No  runner,  hackman,  hotel  runner,  omnibus  driver,, 
expressman,  porter,  or  driver  of  any  passenger  vehicle  shall,  at 
any  time  or  place  when  waiting  for  or  engaged  in  his  employ- 


48f>  VEHICLES. 


inent,  obstruct  any  street  or  sidewalk,  make  any  unusual  noise 
or  disturbance,  unnecessarily  snap  or  flourish  his  whip,  use  any 
indecent,  profane  or  obscene  language,  or  be  guilty  of  any 
boisterous  or  loud  talking,  or  solicitation  of  passengers,  or  bus- 
iness, or  any  disorderly  conduct,  or  use  any  language  or  be 
guilty  of  any  condiict  calculated  to  disturb  the  public  peace  or 
good  order  of  the  city,  or  harass,  vex,  annoy  or  disturb  any  per- 
son there  being  or  passing;  or  interfere  with,  obstruct  or  impede 
the  free  passage  of  passengers  or  other  persons  to  or  from  any 
depot,  train,  or  depot  grounds,  or  seize  or  grasp  or  interfere  with 
any  baggage  carried  by  or  belonging  to  said  passengers  or  per- 
sons, unless  by  their  request. 


Keep  on   Stands. 

SEC.  7.  It  shall  not  be  lawful  for  any  licensed  vehicle, 
when  not  actually  employed,  to  be  kept  standing  in  any  other 
part  of  the  public  highways  of  the  city  than  those  designated 
and  set  apart  as  stands  for  public  vehicles,  nor  in  front  of  any 
hotel,  place  of  public  business  or  private  residence,  without  the 
express  permission  of  the  owners  or  occupants  thereof. 

[June  14,  1887;  February  14,  1888.] 

Speed  Regulated—  Keep  to  the  Right. 

SEC.  8.  It  shall  not  be  lawful  for  any  carriage,  hackney 
coach,  cab  or  any  other  passenger  vehicle  to  be  driven  through 
any  of  the  streets  of  Salt  Lake  City  at  a  greater  rate  of  speed 
than  six  miles  an  hour,  nor  around  the  corner  of  any  of  the 
streets  of  said  city  at  a  gait  that  will  endanger  pedestrians,  and 
all  vehicles,  when  passing  through  or  along  any  of  the  streets 
of  said  city,  shall,  when  meeting  other  vehicles,  be  driven  to  the 
right-hand  side  of  the  way,  so  that  said  vehicles  shall  pass  clear 
of  each  other. 

[June  14,  1887.] 

\ 
Numbers. 

SEC.  9.  All  public  passenger  vehicles  licensed  under  this 
chapter  shall  be  numbered  with  plain  figures  painted  thereon, 
not  less  than  one  and  one-half  inches  long,  which  shall  always 


VEHICLES.  487 


be  kept  conspicuously  in  view;  said  numbers  shall  be  furnished 
by  the  city  recorder  at  the  time  of  issuing  the  license. 
[June  14,  1887.] 

Lighted    Lamp*  at  Xight    Door  Handle. 

SEC.  10.  Every  public  vehicle  for  conveyance  of  passen- 
gers, when  driven  or  used  in  the  night  time,  shall  have  fixed 
upon  some  conspicuous  part  of  the  outside  thereof  two  lighted 
lamps  with  plain  glass  sides,  and  have  the  number  of  such  vehi- 
cle in  plain,  legible  figures  upon  each  of  the  outer  sides  of  said 
lamps,  in  such  a  manner  that  the  same  may  be  distinctly  seen, 
and  every  such  vehicle  which  has  a  door  or  doors  to  the  same 
shall  have  a  knob  or  handle  upon  the  inside  of  each  door,  by 
which  said  door  may  be  easily  opened  from  the  inside  thereof. 

[June  14,  1887.] 

Rates  of  Fare. 

SEC.  11.  The  maximum  prices  or  rates  of  fare  to  be  asked 
or  demanded  by  any  owner  or  driver  of  any  vehicle  for  the  car- 
riage of  passengers  shall  be  as  follows  : 

First — For  conveying  every  passenger  from  any  hotel  to 
any  depot  in  the  city,  or  from  one  depot  to  another,  twenty-five 
cents. 

Second — For  conveying  one  passenger  not  exceeding  one 
mile,  fifty  cents. 

Third — Each  additional  mile  or  part  of  mile,  twenty-five 
cents.  / 

Fourth — For  conveying  children  between  five  and  fourteen 
years  of  age,  not  to  exceed  half  the  above  price  may  be  charged 
for  like  distances,  but  for  children  under  five  years  of  age  no 
charge  shall  be  made. 

Fifth — For  use  of  any  hack,  coach  or  other  vehicle  drawn 
by  two  horses,  by  the  day,  with  one  or  more  passengers,  eight 
dollars. 

Sixth — For  the  use  of  any  such  carriage  or  vehicle,  by  the 
hour,  with  one  or  more  passengers,  with  the  privilege  of  going 
from  place  to  place  and  stopping  as  often  as  may  be  required, 
two  dollars  for  the  first  hour,  and  for  each  additional  hour  or 
part  of  hour,  one  dollar. 


488  VEHICLES. 


Seventh — For  the  use  of  any  hack,  cab  or  other  vehicle, 
drawn  by  one  horse  or  other  animal,  by  the  hour,  for  the  first 
hour,  one  dollar  ;  each  additional  hour  or  part  thereof,  seventy- 
five  cents  ;  by  the  day,  five  dollars. 

[June  14,  1887.] 

Rate  Where  No  Contract  Hade. 

SEC.  12/  In  all  cases  when  the  hiring  of  a  hack,  coach  or 
other  public  vehicle  for  the  conveyance  of  passengers  is  not  at 
the  time  of  the  hiring  specified  to  be  by  the  hour,  it  shall  be 
deemed  to  be  by  the  mile  ;  and  for  any  detention  exceeding  fif- 
teen minutes,  when  so  working  by  the  mile,  the  owner  or  driver 
may  demand  at  the  rate  of  one  dollar  per  hour. 

[June  14,  1887.] 

Baggage. 

SEC.  13.  Every  passenger  shall  be  allowed  to  have  con- 
veyed upon  such  vehicle,  without  charge,  his  ordinary  traveling 
baggage,  including  a  trunk  not  to  exceed  one  hundred  and  fifty 
pounds  in  weight.  For  each  and  every  additional  fifty  pounds 
or  less  of  baggage,  if  conveyed  to  any  place  within  the  city 
limits,  the  owner  of  such  vehicle  shall  be  permitted  to  charge 
twenty-five  cents. 

[June  14,  1887;  February  14,  1888.] 

Rates  to  Re  Posted  in  Vehicles. 

SEC.  14.  There  shall  be  fixed  in  every  licensed  vehicle  for 
the  conveyance  of  passengers  for  hire,  in  such  manner  as  can  be 
conveniently  read  by  any  person  riding  in  the  same,  a  card  with 
the  name  of  the  owner  of  such  vehicle,  the  number  of  his  license 
written  or  printed  thereon,  and  the  rates  fixed  by  this  chapter, 
and  for  failure  so  to  do  the  owner  of  such  vehicle  shall  be  liable 
to  a  fine  of  not  to  exceed  twenty-five  dollars  and  revocation  of 
license.  Such  card  to  be  printed  by  the  city,  in  suitable  form, 
and  furnished  to  the  drivers  of  such  vehicles  free  of  charge,  and 
any  person  or  persons  mutilating,  tearing  down,  or  destroying 
the  card  herein  provided  for,  shall  be  fined  not  to  exceed  twenty- 
five  dollars. 

[June  14,  1887;  February  14,  1888.] 


VEHICLES.  489 


Penalty  for  Overcharging. 

SEC.  15.  The  owner  or  driver  of  any  coach  or  cab,  carriage 
or  hack,  for  the  conveyance  of  passengers,  who  may  have  de- 
manded and  received  any  fare  in  excess  of  what  is  provided  for 
in  this  chapter  shall  be  liable  to  a  fine  in  any  sum  not  to  exceed 
one  hundred  dollars  for  each  and  every  offense. 

[June  14,  1887;  February  14,  1888.] 

May  Demand  Fare  in  Advance. 

SEC.  16.  Every  licensed  owner  or  driver  of  any  hack,  coach 
or  other  vehicle  for  the  carriage  of  passengers,  shall  have  the 
right  to  demand  the  fare  of  the  person  or  persons  employing 
him,  on  entering  his  vehicle,  and  may  refuse  to  convey  any  per- 
son who  shall  not  comply  with  said  demand. 

[June  14,  1887.]       . 

Refusing  to  Convey  Passenger. 

SEC.  17.  No  owner  or  driver  of  any  hackney  coach,  hack, 
cab,  carriage  or  other  public  passenger  vehicle,  shall,  when  not 
otherwise  engaged  or  occupied  in  the  performance  of  his  duties, 
as  a  licensee  under  the  provisions  of  this  chapter,  refuse  to  con- 
vey in  said  city  any  person,  with  or  without  baggage,  when  ap- 
plied to  for  that  purpose,  the  proper  fee  therefor  being  tendered, 
or,  having  undertaken  to  convey  such  person,  shall  omit  or  neg- 
lect to  do  so,  under  a  penalty  of  not  to  exceed  one  hundred  dol- 
lars for  each  offense. 

[June  14,  1887.] 

shall  Give  \ ii in IM-I   and  Name. 

SEC.  18.  Every  owner  or  driver  of  any  hack,  coach,  cab, 
or  other  public  vehicle,  for  the  carriage  of  passengers,  shall, 
upon  being  requested  to  do  so,  give  to  any  person  or  persons 
the  number  of  his  coach,  carriage,  hack,  or  other  vehicle,  and 
the  name  of  the  owner  or  driver  thereof. 

[June  14,  1887.] 

False  Representations. 

SEC.  19.  It  shall  be  unlawful  for  any  such  licensed  owner 
or  driver  to  induce  any  person  to  ride  in  or  employ  his  vehicle 


490  VEHICLES. 


by  falsely  representing  his  vehicle  to  such  person  as  running' 
for  or  being  employed  by  any  public  house,  railway  or  stage 
company,  with  a  view  to  exact,  solicit  or  obtain  fare,  or  anything 
of  value,  from  such  person,  for  conveying  him  to  such  public 
house  or  railway,  or  other  place,  under  penalty  of  a  fine  not  to 
exceed  one  hundred  dollars  for  each  offense. 
[June  14,  1887.] 

Refusal  to  Pay  Fare. 

SEC.  20.  Any  person  who  shall  hire  any  licensed  passenger 
vehicle  for  the  purpose  of  riding  therein,  and  shall  refuse  to 
pay  the  fare  therefor,  not  exceeding  the  rate  fixed  by  this  chap- 
ter, shall,  upon  conviction,  be  liable  to  pay  a  fine  in  any  sum  not 
exceeding  twenty-five  dollars. 

[June  25, 1889.] 

City  Marshal  to  Designate  Stands. 

SEC.  21.  The  city  marshal  shall  designate,  as  nearly  as 
may  be  practicable,  the  respective  stands  upon  the  grounds  of 
the  company  for  all  omnibus,  hackney  coaches,  baggage  wagons, 
express  wagons,  drays  and  other  vehicles  for  the  transportation 
of  baggage,  passengers  and  express  goods  at  the  several  depots 
or  stations  in  the  city,  so  as  best  to  accommodate  the  public, 
and  he  shall  have  the  right  to  make  such  changes  in  such  loca- 
tions as  he  deem  convenient  for  the  public. 

Hotel  Runner— Where  He  Shall  Stand. 

SEC.  22.  No  hotel  runner  or  other  person  soliciting  for 
passengers  or  baggage,  or  for  custom  for  any  hotel,  boarding 
house  or  place  of  entertainment  or  refreshment,  shall,  while  so 
soliciting,  stand  in  any  other  place  upon  the  grounds  of  the 
railway  company  than  that  designated  by  the  city  marshal. 

Penalty. 

SEC.  23.  Any  person  violating  any  of  the  provisions  of  this 
chapter,  where  no  other  penalty  is  prescribed,  shall  be  liable  to 
a  fine  in  any  sum  not  to  exceed  one  hundred  dollars. 

[February  14,  1888.] 


WARDS.  491 


CHAPTER    LIV. 


WARDS. 

Division  and  Number  of  Wards. 

SECTION  1.  The  territory  embraced  within  the  corporate 
limits  of  Salt  Lake  City  shall  be,  and  the  same  is  hereby,  di- 
vided into  five  municipal  wards,  bounded  and  described  as 
herein  set  forth. 

[February  29,  1860;  January  27,  1874.] 

First  Municipal  Ward. 

SEC.  2.  All  that  portion  of  the  corporate  limits"  of  said 
•city  lying  within  the  following  boundaries  shall,  constitute  the 
First  municipal  ward,  to- wit:  Beginning  at  a  point  at  the  in- 
tersection of  East  Temple  and  Third  South  streets,  and  extend- 
ing thence  east  and  through  the  center  of  Third  South  street  to 
the  western  boundary  of  the  United  States  military  reserva- 
tion; thence  south  to  the  southwest  corner  of  said  reservation; 
thence  east  to  the  southeast  corner  of  said  reservation;  thence 
north  to  a  point  opposite  the  center  of  Third  South  street; 
thence  east  to  the  eastern  boundary  of  the  city;  thence  south 
to  the  southern  boundary  of  the  city;  thence  west  to  the  north- 
west corner  of  block  12,  five-acre  plat  C;  thence  south  to  the 
northwest  corner  of  lot  7,  block  9,  five-acre  plat  C;  thence  west 
to  the  intersection  of  Ninth  East  street;  thence  north  along 
said  Ninth  East  street  to  the  intersection  of  Eleventh  South 
street;  thence  west  along  said  Eleventh  South  street  to  the  in- 
tersection of  Fifth  East  street;  thence  north  along  said  Fifth 
East  street  to  the  south  line  of  Roper  street;  thence  west  along 
said  Roper  street  to  the  center  line  of  East  Temple  street; 
thence  north  to  the  place  of  beginning. 

[January  27,  1874;  February  14,  1888.] 


492  WARDS.   . 

Second  Municipal  Ward. 

SEC.  3.  All  that  portion  of  the  corporate  limits  of  Salt 
Lake  City  lying  within  the  following  boundaries  shall  consti- 
tute the  Second  municipal  ward,  to- wit :  Beginning  at  a  point 
at  the  intersection  of  East  Temple  and  South  Temple  streets, 
and  extending  thence  west  through  the  center  of  South  Temple 
street,  to  the  western  boundary  of  the  city  ;  thence  south  to.  the 
southwest  corner  of  said  city  limits  ;  thence  east  to  the  River 
Jordan  ;  thence  northward  along  the  west  bank  of  said  river  to 
a  point  opposite  the  center  of  Tenth  South  street  ;  thence  east 
to  a  point  opposite  the  center  of  East  Temple  street  ;  thence 
north  to  the  place  of  beginning. 

[January  27,  1874  ;  February  14,  1888.] 

Third  Municipal  Ward. 

SEC.  4.  All  that  portion  of  the  corporate  limits  of  said 
city  lying  within  the  following  boundaries  shall  constitute  the 
Third  municipal  ward,  to-wit  :  Beginning  at  a  point  at  the 
intersection  of  South  Temple  and  East  Temple  streets,  and  ex- 
tending north  through  the  center  of  East  Temple  street  to  its 
junction  with  Arsenal  street ;  thence  northerly  through  Arsenal 
street  to  its  junction  with  Pine  street;  thence  northerly  through 
Pine  street  to  its  junction  with  Currant  street  ;  thence  east  on  a 
line  through  the  center  of  Currant  street  to  the  center  of  the 
bed  of  City  Creek  ;  thence  north  to  the  northern  boundary  of 
the  city  ;  thence  west  to  the  northwest  corner  of  the  corporate 
limits  of  the  city  ;  thence  south  to  a  point  opposite  the  center 
of  South  Temple  street  ;  thence  east  to  the  place  of  beginning. 

[January  27,  1874  ;  February  14,  1888.] 

Fourth  Municipal  Ward. 

SEC.  5.  All  that  portion  of  the  corporate  limits  of  said 
city  lying  within  the  following  boundaries  shall  constitute  the 
Fourth  municipal  ward,  to-wit:  Beginning  at  a  point  at  the 
intersection  of  South  Temple  and  East  Temple  streets,  and  ex- 
tending north  through  the  center  of  East  Temple  street  to  the 
point  of  its  junction  with  Arsenal  street;  thence  northerly 
through  Arsenal  street  to  its  junction  with  Pine  street;  thence 


WARDS.  493 

northerly  through  Pine  street  to  its  function  with  Currant 
street;  thence  east  on  a  line  through  the  center  of  Currant 
street  to  the  center  of  the  bed  of  City  Creek;  thence  north  to 
the  northern  boundary  of  the  city;  thence  east  to  the  north- 
east corner  of  the  corporate  limits  of  the  city;  thence  south  to 
a  point  opposite  the  center  of  Third  South  street;  thence  west 
to  the  eastern  boundary  of  the  United  States  military  reserva- 
tion; thence  north  to  the  northeast  corner  of  said  reservation; 
thence  west  to  the  northwest  corner  of  said  reservation;  thence 
south  to  the  north  line  of  Popperton  Place  subdivision ;  thence 
north  89D  31'  20",  east  along  the  north  line  of  said  subdivision 
3,772  93-100  feet;  thence  south  0°  57'  28",  east  1,30567-100 
feet;  thence  west  1,332  1-100  feet;  thence  south  707  9-100  feet; 
thence  west  2,464  14-100  feet  to  the  west  line  of  the  United 
States  military  reservation ;  thence  north  to  the  center  of  South 
Temple  street;  thence  west., to  the  place  of  beginning. 
[January  27,  1874;  February  14,  1888.] 

Fifth  Mnnicipal  Ward. 

SEC.  6.  All  that  portion  of  the  corporate  limits  of  said 
city  lying  within  the  following  boundaries  shall  constitute  the 
Fifth  municipal  ward,  to-wit:  Beginning  at  a  point  at  the  inter- 
section of  South  Temple  and  East  Temple  streets,  and  extend- 
ing thence  east  through  the  center  of  South  Temple  street  to 
the  western  boundary  of  the  United  States  military  reservation; 
thence  south  to  the  center  of  Third  South  street;  thence  west 
to  the  center  of  East  Temple  street;  thence  north  to  the  place 
of  beginning. 

[January  27,  1874;  February  14,  1888.]  ' 


494  WATERWORKS. 


CHAPTER  LV. 


WATEKWOKKS. 

Under  Control  of  City  Council. 

SECTION  1.  The  waterworks  constructed  by  the  corporation 
to  supply  Salt  Lake  City  with  water  shall  be  designated  and 
known  as  the  Salt  Lake  City  Waterworks;  they  shall  be  the 
property  of  said  city,  and  shall  be  under  the  sole  and  exclusive 
control  of  the  city  council,  who  may,  from  time  to  time,  direct 
the  construction  of  such  reservoirs,  water-tanks,  water-mains, 
service-pipes  and  fire-hydrants  as  the  necessities  of  the  inhabit- 
ants of  the  city  may  require. 

[July  12,  1882;"  June  28,  1887;  July  1,  1892.] 

Duty  of  Superintendent  of  Waterworks. 

SEC.  2.  The  superintendent  of  waterworks  shall,  under  the 
direction  of  the  city  council,  have  charge  of  the  reservoirs, 
water-tanks,  water-mains,  fire-hydrants,  and  all  the  machinery 
and  appurtenances  appertaining  to  the  waterworks.  He  shall 
have  the  direction  of  the  laying  of  water-mains  and  putting  in 
of  service-pipes,  and  the  regulation  of  the  water  supply  to  fire 
hydrants  and  to  all  water  takers.  He  shall  report  io  the  city 
council  quarterly,  or  oftener  if  required,  his  doings  as  superin- 
tendent, the  condition  of  the  waterworks,  and  make  such  sug- 
gestions as  the  nature  of  the  service  may  require. 

[June  28,  1887;  July  1,  1892.] 

Fire-  H  y  dr  ants. 

SEC.  3.  All  public  fire-hydrants  shall  be  under  the  control 
of,  and  shall  be  kept  in  repair  by,  the  superintendent  of  water- 
works, and  in  case  of  fire,  the  fire  department  and  such  others 
as  the  superintendent  shall  authorize,  shall  have  free  access  to 


WATERWORKS.  495- 


said  hydrants.  No  other  person  shall  open  or  operate  any  fire- 
hydrant,  or  attempt  to  draw  water  therefrom  or  obstruct  the 
approach  thereto. 

[June  28,  1887;  July  1,  1892.] 

Penalty  for  Injuring  Fire-Hydrant. 

SEC.  4.  That  any  person  who  shall  wilfully  or  carelessly 
run  a  vehicle  against  a  fii*e-hydrant,  or  otherwise •  wilfully  or 
carelessly  injure  the  same,  or  without  authority  draw  or  attempt 
to  draw  water  therefrom,  or  who  shall  put  any  thing  or  sub- 
stance into,  hitch  or  fasten  horses  or  other  animals  to,  or  meddle 
or  tamper  in  any  way  with  any  fire-hydrant,  or  who  shall  pile 
building  or  other  material  over  or  around  any  fire-hydrant,  or 
obstruct  the  free  use  thereof  by  the  fire  department,  or  do  any- 
thing with  or  about  the  same  not  necessary  or  proper  for  its 
legitimate  use,  shall  be  deemed  guilty  of  a  misdemeanor,  and, 
on  conviction  thereof,  shall  be  fined  in  any  sum  not  less  than 
ten  nor  more  than  one  hundred  dollars. 

[June  28,  1887;  July  8,  1890.] 

Wrenches—  To  Whom   Fur nished. 

SEC.  5.  Wrenches  for  fire-hydrants  shall  be  furnished  by 
the  superintendent  to  the  fire  department,  for  their  use,  and  to 
such  other  persons  as  he  may  deem,  proper,  and  any  officer  or 
member  of  the  fire  department,  or  other  person  having  charge 
of  one  or  more  of  said  wrenches,  who  shall  permit  the  same  to 
be  taken  from  their  place  of  deposit,  or  to  be  used  for  any  other 
purpose  .than  those  authorized  by  the  superintendent,  shall  be 
liable  to  a  fine  of  not  exceeding  fifty  dollars  for  each  offense. 

[June  28,  1887;  July  1,  1892.] 

Written  Application  for  Water. 

SEC.  6.  Whenever  any  property  owner  desires  to  obtain  a 
supply  of  water  from  the  city  waterworks,  he  shall  make  appli- 
cation therefor,  in  writing,  to  the  superintendent,  and  sign  an 
agreement  that  he  will  be  governed  by  such  rules  and  regula- 
tions, not  inconsistent  with  this  chapter,  as  may  be  prescribed 
by  the  city  council  for  the  control  of  the  water  supply;  said  ap- 
plication must  state  the  location,  kind  of  building,  number  of 


496  WATERWORKS. 


rooms,  and  the  entire  area  of  grounds  to  be  supplied,  and  fully 
and  truly  state  the  purposes  for  which  the  water  is  to  be  used. 
Said  application  having  been  filed,  the  superintendent  of  water- 
works is  authorized  to  extend,  at  the  expense  of  the  city,  the 
service  pipe  to  the  inside  line  of  the  curbstone,  at  the  point 
most  convenient  for  supplying  the  premises  of  the  applicant. 
[June  28,  1887;  July  1,  1892.] 

Stop-Cock  and  Key  Box. 

SEC.  7.  To  each  service  pipe  there  shall  be  attached,  at  the 
curb,  a  stop-cock  and  a  key  box,  which  shall  be  paid  for  by  the 
water  taker  and  be  under  the  exclusive  control  of  the  superin- 
tendent. 

[June  28,  1887;  July  1,  1892.] 

Quality  of  Service  Pipe— Permit  and  Fee. 

SEC.  8.  All  service  and  other  pipes  used  under  ground 
shall  be  of  cast  iron,  extra  stong  lead  or  tin-lined  lead,  and  laid 
not  less  than  four  feet  below  the  grade,  and  all  pipes  for  water 
supply,  whether  inside  or  outside,  shall  be  of  sufficient  strength 
to  stand  the  water  pressure,  and  all  such  work,  alteration  or  ex- 
tensions thereof,  together  with  size  of  pipe,  must  be  to  the 
acceptance  of  the  superintendent.  No  extension  of  service  pipes 
shall  be  made  without  first  obtaining  a  permit  therefor  from  the 
superintendent,  and  upon  the  payment  of  one  dollar,  and  no  ex- 
tension shall  be  made  to  another  water  taker  from  the  same 
service  pipe  without  a  stop-cock  and  key  box  being  attached  at 
the  junction  with  such  service  pipe. 

[June  28,  1887;  July  1,  1892.] 

Taker  Only  to  Use  Water. 

SEC.  9.  If  any  water  taker  shall  permit  any  person  from 
other  premises,  or  any  unauthorized  person,  to  use  or  obtain  water 
from  his  premises  or  water  fixtures,  whether  inside  or  outside 
of  his  building,  the  supply  of  water  may  be  cut  off  and  amount 
paid  forfeited,  and  such  unauthorized  person  for  taking  said 
water  shall  be  liable  to  a  fine  of  not  to  exceed  ten  dollars  for 
each  offense. 

[June  28,  1887;  July  1,  1892.] 


WATERWORKS.  497 


Pipes  to  Be  Kept  in  Good  Repair. 

SEC.  10.  All  persons  taking  water  shall  keep  their  service 
pipes,  connections  and  other  water  apparatus  in  good  repair  and 
protected  from  frost  at  their  own  expense ;  but  no  person,  except 
under  the  direction  of  the  superintendent,  shall  be  allowed  to 
dig  into  the  street  or  sidewalk  for  the  purpose  of  laying,  remov- 
ing or  repairing  any  service  pipe. 

[June  28,  1887;  July  1,  1892.] 

Waste  Forbidden. 

SEC.  11.  If  any  water  taker  shall  waste  water,  or  allow  it 
to  be  wasted  by  negligence,  such  as  imperfect  stops  or  valves, 
or  leaky  joints  or  pipes,  or  allowing  tanks  to  leak  or  to  overflow, 
or  wastefully  run  it  through  basins  or  other  apparatus,  or  use 
the  water  for  purposes  other  than  those  for  which  they  have 
paid,  or  in  violation  of  the  rules  and  regulations  for  controlling 
the  water  supply,  and  the  provisions  of  this  ordinance,  he  shall 
be  liable  to  a  fine  of  not  to  exceed  twenty-five  dollars  for  each 
offense,  and  the  water  may  be  cut  off  from  such  water  taker,  and 
all  payments  forfeited,  unless  such  person  shall  promptly  pay 
such  additional  charges  as  may  be  imposed  by  the  superin- 
tendent. 

[June  28,  1887;  July  1,  1892.] 

Penalties  for  Using  Withont  Paying,  etc. 

SEC.  12.  Whoever  by  himself,  family,  servants  or  agents, 
shall  use  the  water  coming  through  the  water  mains  without 
first  paying  therefor,  as  hereinafter  provided,  or  shall,  without 
authority,  open  any  stop-cock,  valve  or  other  fixture  attached  to 
the  system  of  water  supply,  or  shall  in  anywise  injure,  deface  or 
impair  any  part  or  any  appurtenances  of  the  waterworks,  or 
shall  cast  anything  into  any  reservoir  or  tank  of  the  said  works, 
shall  be  punished  by  fine  not  exceeding  one  hundred  dollars  for 
each  offense,  or  by  imprisonment  not  exceeding  six  months,  or 
by  both  fine  and  imprisonment. 

[June  28,  1887  ;  July  1,  1892.] 

Turning  On  After  Being  Tnrned  Off. 

SEC.  13.  If  any  person  after  the  water  has  been  turned  off 
from  his  premises,  on  account  of  non-payment  of  dues,  or  vio- 

32 


498  *       WATERWORKS. 


lation  of  the  rules  aud  regulations  pertaining  to  the  water  sup- 
ply, shall  turn  the  water  on  again,  or  use,  or  allow  the  water  to 
be  used  without  authority,  he  shall  be  fined  not  exceeding  fifty 
dollars  for  each  offense. 

[June  28,  1887  ;  July  1,  1892.] 

Fountains  and  Sprinklers. 

SEC.  14.  Fountains  and  sprinklers  for  lawns,  gardens,  yards 
or  sidewalks  shall  not  be  operated  during  a  fire.  No  fountain 
attachment  shall  be  greater  than  half  an  inch  in  diameter. 
There  shall  be  a  stop-cock  to  each  fountain  attachment,  which 
shall  be  under  the  control  of  the  superintendent. 

[June  28,  1887  ;  July  1,  1892.1 

Sprinklers  for  L<awns— Sprinkling;  Districts. 

SEC.  15.  Sprinklers  for  lawns,  gardens  and  yards  must  be 
used  only  for  the  purposes  paid  for.  No  nozzle  for  sprinkling 
shall  be  larger  than  one-fourth  of  an  inch  in  diameter,  and  no 
sprinkling  shall  be  allowed  except  in  connection  with  other 
water  service. 

The  city  is  hereby  divided  into  two  sprinkling  districts.  All 
that  portion  of  the  city  lying  east  and  north  of  the  following 
boundaries  is  hereby  made  and  declared  to  be  the  Upper  sprink- 
ling district,  to- wit :  Commencing  at  the  intersection  of  First 
West  and  Seventh  North  streets,  and  running  thence  south 
along  said  First  "West  street  to  Second  North  street,  thence  east 
along  said  Second  North  street  to  Apple  street,  then  southeast- 
erly along  Apple  street  to  First  North  street,  thence  east  along 
First  North  street  to  East  Temple  street,  thence  south  along 
East  Temple  street  to  North  Temple  street,  thence  east  along 
North  Temple  street  to  First  East  street,  thence  south  along 
First  East  street  to  South  Temple  street,  thence  east  along  South 
Temple  street  to  Sixth  East  street,  thence  south  along  Sixth 
East  street  to  Liberty  Park  And  all  persons  taking  water 
from  the  mains  on  South  Temple  street,  east  of  First  East 
street,  and  those  taking  from  the  main  on  Sixth  East  street, 
shall  be  deemed  to  belong  to  said  Upper  district. 

All  that  portion  of  the  city  lying  west  and  south  of  the 


WATERWORKS.  499 


foregoing  boundaries  is  hereby  made  and  declared  to  be  the 
Lower  sprinkling  district. 

In  time  of  scarcity  of  water,  whenever  it  shqll,  in  the  judg- 
ment of  the  city  council,  be  necessary,  the  mayor  shall,  by  proc- 
lamation, limit  the  use  of  water  for  other  than  domestic  pur- 
poses, and  in  his  discretion  provide  that  sprinklers  shall  only  be 
used  on  alternate  days  in  each  district. 

Any  person  violating  any  of  the  provisions  of  this  section, 
or  of  any  proclamation  made  by  the  mayor  in  pursuance  hereof, 
shall,  on  conviction,  be  fined  in  any  sum  not  exceeding  $10  for 
the  first  offense,  and  not  exceeding  $20  for  each  subsequent, 
offense. 

[June  28,  1887;  September  5,  1888  ;  July  1,  1892.] 

Sprinkling  Wagons. 

SEC.  16.  Sprinkling  wagons  and  wagons  for  the  delivery- 
or  distribution  of  water  must  be  filled  from  hydrants,  or  from 
spills  erected  for  that  purpose,  and  shall  be  regulated  and  con- 
trolled by  the  superintendent. 

[June  28,  1887;  July  1,  1892.] 

Steam  Boilers— How  Supplied. 

SEC.  17.  Steam  boilers,  used  for  power  purposes,  shall  not 
be  allowed  to  fill  from  the  pipes  direct,  but  must  be  provided 
with  a  tank  and  supplied  therefrom. 

[June  28,  1887;  July  1, 1892.] 

Watering  Troughs— Waste  Forbidden. 

SEC.  18.  Watering  troughs  for  animals  shall  not  be  allowed 
a  constant  flow  of  water,  but  shall  only  be  allowed  to  use  such 
quantity  as  will  supply  the  actual  wants  of  the  stock  having  ac- 
cess thereto.  Neither  shall  continuous  streams  of  water  be  per- 
mitted to  flow  from  hydrants,  faucets  or  stops  over  wash-basins, 
water  closets  or  urinals,  or  from  any  apparatus  for  drawing 
water. 

[June  28,  1887;  July  1,  1892.] 

Superintendent  to  Have  Free  Access. 

SEC.  19.  Free  access  shall  at  all  ordinary  hours  be  allowed 
to  the  superintendent  or  other  authorized  person  to  all  places. 


500  WATEBWOBKS. 

supplied  with  water,  to  examine  the  apparatus,  the  amount  used 
and  the  manner  of  using  water,  and  any  water  taker  violating 
any  of  the  rules  and  regulations  controlling  the  water  supply 
shall  forfeit  all  payments  made  and  the  right  to  the  use  of  the 
water. 

[June  28,  1887;  July  1,  1892.] 

Damages— City  Ifot  Liable  For. 

SEC.  20.  The  city  corporation  shall  not  be  held  liable  for 
damage  to  any  water  taker  by  reason  of  a  stoppage  or  interrup- 
tion of  his  water  supply  caused  by  scarcity  of  water,  accidents 
to  works  or  mains,  alterations,  additions,  repairs,  or  from  other 
unavoidable  cause. 

[June  28,  1887;  July  1,  1892.] 

Where  Posts  May  Not  Be  Set . 

SEC.  21.  No  telegraph  post,  hitching  or  other  post  shall 
be  put  down  or  set  within  four  feet  of  any  water  service  pipe, 
nor  within  six  feet  of  any  main  pipe,  except  on  a  written  permit 
from  the  superintendent. 

[June  28,  1887;  July  1, 1892.] 

Taking  Water  from  Ditch  Forbidden. 

SEC.  22.  Wherever  the  water  mains  are  laid,  no  person 
shall  be  allowed  to  convey  the  waters  of  the  city  from  any  ditch 
or  place  by  private  pipes,  for  fountains,  mechanical  or  other 
purposes,  except  the  ordinary  irrigation  of  lots,  under  the  direc- 
tion of  the  watermaster,  nor  shall  said  waters  be  hereafter 
diverted  from  the  ordinary  irrigation  ditches  for  the  supply  of 
steam  boilers  or  other  mechanism,  and  all  resolutions,  ordi- 
nances and  permits  allowing  any  person  to  convey  the  waters  of 
the  city,  or  any  part  thereof,  from  the  ordinary  ditches  by  pipes 
for  any  use  or  purpose  whatever,  wherever  the  water  mains  are 
laid,  are  hereby  repealed. 

[June  28,  1887;  July  1,  1892.] 

Annual  Assessments— Collections— Report. 

SEC.  23.  The  assessor  and  collector  of  water  rates  shall 
make  annual  assessments  for  water  on  the  owners  of  property 
having  made  application  therefor,  based  upon  the  rates  herein- 


WATERWORKS.  501 


after  established  and  dating  from  the  first  day  of  July  of  each 
year.  Said  officer  shall  charge  to  each  person  the  amount  assessed 
against  him,  and  shall  without  delay  proceed  to  collect  the 
same  monthly,  quarterly,  semi-annually  or  annually,  at  his  dis- 
cretion, and  pay  the  amounts  collected  into  the  city  treasury 
monthly,  or  oftener  if  required.  In  the  month  of  June  of  each 
year  he  shall  make  a  full  report  to  and  settlement  with  the  city 
auditor  of  the  previous  year's  assessments  and  collections  of 
water  rates. 

[June  28,  1887;  June  25,  1889;  July  1,  1892.] 

Notice  to  Water  Taker— Delinquency. 

SEC.  24  The  assessor  and  collector  of  water  rates  shall 
furnish  to  each  water  taker,  or  leave  at  his  residence  or  usual 
place  of  business,  a  printed  or  written  notice  of  the  amount  of 
water  rate  assessed  against  him  and  when  payable.  If  any  per- 
son neglect,  refuse  or  fail  to  pay  his  water  rate  within  twenty 
days  from  the  date  of  said  notice,  the  assessor  and  collector  is 
authorized  and  empowered  to  have  the  water  turned  off  from  the 
premises  of  said  person  where  such  unpaid  water  rate  is 
assessed,  and  before  the  water  shall  be  turned  on  again  all  de- 
linquent water  rates  must  be  paid  in  full  up  to  the  end  of  the 
term  as  assessed,  and  fifty  cents  additional  for  expenses.  Any 
water  taker  not  using  water  after  the  assessment  has  been  made 
must  report  it  to  the  assessor  and  collector  of  water  rates  and 
have  the  water  shut  off;  if  he  fails  to  do  so  the  full  amount 
assessed  must  be  paid. 

[June  28,  1887;  July  1, 1892.] 

Water  Rates— To  Be  Paid  in  Advance . 

SEC.  25.  The  annual  rates  for  a  supply  of  water  from  the 
Salt  Lake  City  waterworks,  to  be  paid  in  advance,  are  hereby 
fixed  and  established  as  follows,  to- wit : 

Bakery $  15  00  to  $  30  00 

Barber  shop,  not  exceeding  two  chairs 10  00 

Each  additional  chair 2  00 

Bath,  public,  first  tub 10  00 

Each  additional  tub,  not  exceeding  four  5  00 

Each  additional  tub,  exceeding  four ...  2  00 

Beer  pump 


502  WATERWORKS. 


Blacksmith  shop 5  00  to    10  00 

Book-bindery  and  printing  office 10  00  to    20  00 

Brewery,  for  brewing  and  washing  purposes  500  00  to  800  00 

Butcher  shop 15  00  to    30  00 

Club-room 15  00  to    25  00 

Confectionery  and  ice  cream  saloon 10  00  to    20  00 

Dancing  hall 10  00  to    15  00 

Drug  store 15  00  to    25  00 

Flour  mill 10  00  to    2000 

Foundry  and  machine  shop . . . 10  00  to    20  00 

Fountain,  with  jet  not  exceeding  \  inch  in 

diameter,  per  month 5  00 

In  store,  restaurant  or  other  place 5  00  to    15  00 

Hose  connection  for  sprinkling  garden,  lawn 

or  yard,  per  square  yard 03 

No  license  issued  for  sprinkling  garden, 

lawn  or  yard,  less  than 3  00 

For  washing  private  vehicles,  each  ve- 
hicle    1  00 

For  each  animal 1  00 

Hotel,  boarding  or  lodging  house,  for  each 
room  having  water  attachments  and 
including  water  closet,  urinal  and 

bath  for  guests 1  50 

For  each  room  not  having  water  attach- 
ments    1  00 

No   hotel,   boarding  or  lodging  house 

less  than 10  00 

House  or  private  residence  not  exceeding  six 

rooms  with  privilege  of  sink ......  5  00 

Each  additional  room  exceeding  six 1  00 

Each  bath  tub 1  00 

Each  water  closet 1  00 

Each  urinal 1  00 

Stationary  laundry  tubs : 5  00 

Ice  manufacturing  establishments 100  00  to    800  00 

Laboratory,  soda  manufactory,  bottling  es- 
tablishment, vinegar  factory  and 

packinghouse 20  00  to    10000 


WATERWORKS.  503 


Laundry 48  00  to    150  00 

Liquor  store,  saloon  or  beer  shop 25  00 

Livery,  feed  or  sale  stable,  for  each  animal  1  00 

For  washing  vehicles,  each 2  00 

Locomotives  (railroad )  each 50  00 

For    washing  cars    (railroad   coaches) 

each 10  00 

For  washing  street  cars,  each 7  50 

Lumber  yard  or  planing  mill 10  00  to      20  00 

Lunch  stand  and  restaurant 5  00  to      20  00 

Office  buildings — Bank,  express,  railroad, 
attorneys',  physicians',  mining  com- 
panies' or  other  offices,  with  or 
without  \^ater  attachments,  first 

floor,  each 5  00  to       1000 

Upstairs  offices,  with  or  without  water 

attachments,  each 2  00 

Photograph  gallery 10  00 

Sanitarium  or  public  bath-house 250  00 

Turkish  bath 50  00 

Soda  fountain  for  the  season 5  00  to       20  00 

Society  hall,  etc 10  00 

Steam  boilers,  stationary,  when  used  not  to 
exceed  twelve  out  of  twenty-four 

hours,  per  horse  power 1  00 

When  used  constantly,  per  horse  power  2  00 
When   used  for   heating  private   resi- 
dences   3  00  to        500 

Stone  yard  and  stone  sawmills 10  00  to       75  00 

Stock  yard  or  corrals,  not  less  than 25  00 

Store  or  shop 5  00  to      20  00 

Tanks  or  reservoirs,  for  each  one  thousand 

gallons  used 25 

Theater  or  public  hall 10  00  to       50  00 

Urinals,  public,  in  hotels,  saloons,   private 

school-houses  or  hospitals,  each ...  10  00 

In  office  buildings,  stores  or  shops,  each  5  00 
Water  closets,  in  office  buildings,  stores  or 

shops,  each 5  00 


504  WATERWORKS. 


Water  closets,  public,  in  hotels,  saloons,  pri- 
vate school-houses  or  hospitals,  each  10  00 
Meter  rates,  per  one  thousand  gallons 25 

For  a  supply  of  water  for  any  purpose  not  specifically 
designated,  the  price  shall  be  fixed  by  the  assessor  and  collector 
of  water  rates,  corresponding  with  the  standard  hereinbefore 
established. 

[June  28,  1887;  June  25,  1889;  June  17, 1890;  July  1, 1892.] 

Meters  Furnished  by  the  City. 

SEC.  26.  Meters  will  be  furnished  and  maintained  by  the 
city  at  cost  to  all  water-takers  who  prefer  to  use  them,  and 
the  city  reserves  the  right  to  put  in  a  meter  in  any  case  at  its 
own  expense  and  charge  for  water  by  measure  instead  of 
schedule  rates. 

[June  28,  1887;  July  1,  1892.] 

Water  Not  to  Be  Supplied  to  Motors. 

SEC.  27.  No  water  shall  be  supplied  from  the  pipes  of  the 
Salt  Lake  City  waterworks  for  the  purpose  of  driving  any 
motor,  turbine  or  other  wheels,  or  any  hydraulic  engines  or 
elevators,  or  for  driving  or  propelling  machinery  of  any  kind 
whatsoever,  and  no  license  shall  be  granted  or  issued  for  any  such 
purpose. 

[June  28,  1887;  July  1,  1892.] 

Sworn  Statement. 

SEC.  28.  The  assessor  and  collector  of  water  rates  may  de- 
mand of  any  person,  persons  or  corporation  a  sworn  statement 
for  what  purpose  water  is  required,  together  with  the  number 
of  rooms,  hose  connections,  bath-houses,  shop,  urinals,  water- 
closets,  engines,  boilers,  stock  yards,  corrals,  livery  stables, 
liquor  stores,  and  other  purposes  for  which  water  is  required, 
and  also  the  number  of  horses  or  other  stock  to  be  supplied  and 
the  number  of  vehicles  to  be  washed. 

Any  person  refusing  to  make  such  sworn  statement  when 
required  shall  be  refused  a  supply  of  water,  and  any  person  who 
makes  such  sworn  statement  falsely,  may  be  prosecuted  and 
convicted  of  perjury. 

[July  1,  1892.] 


WATERWORKS.  505 


\o  Alteration  in  Rates. 

SEC.  29.  Nothing  herein  contained  shall  prohibit  the  city 
council  from  amending,  altering  or  adding  to  the  provisions  of 
this  ordinance  in  relation  to  the  water  supply  or  the  rules  and 
regulations  which  may  be  adopted  in  conformity  therewith- 
Provided,  that  no  alteration  in  water  rates  shall  apply  to  any 
license  issued  or  contract  made  with  a  water  taker  under  this 
chapter,  until  after  the  expiration  of  such  license  or  contract. 

[July  1,  1892.] 

Penalties. 

SEC.  30.  Any  person  violating  any  of  the  foregoing  pro- 
visions of  this  chapter,  or  any  of  the  ordinances,  rules  and  reg- 
ulations relating  to  the  introduction,  supply  and  consumption 
of  water  from  the  Salt  Lake  City  waterworks,  shall,  upon  con- 
viction, where  no  other  penalty  is  provided,  pay  a  fine  not  to 
exceed  one  hundred  dollars  for  each  offense. 

[February  20,1877.] 

Connection  With  Water  System— Wei  Is. 

SEC.  31.  All  owners  or  agents  of  property  abutting  upon 
or  having  access  to  the  city  water  system  shall  either  connect 
with  said  water  system  or  shall  construct  a  well  in  accordance 
with  the  rules  and  regulations  following. 

[September  30,  1892.] 

Depth  of  Well*. 

SEC.  32.  No  person  shall  construct,  or  have  constructed,  a 
well  within  the  city  limits,  except  the  same  be  piped  with  iron 
and  sunk  below  an  impermeable  stratum  or  formation,  or  other- 
wise is  not  less  than  seventy-five  feet  in  depth.  This  section 
shall  not  apply  to  artesian  wells. 

[September  30,  1892.] 

Distance  of  Well  from  Cesspool. 

SEC.  33.  No  well  shall  be  constructed  at  less  distance  than 
twenty  feet  from  any  cesspool  or  privy  vault,  except  it  be  that 
for  some  reason  it  is  impossible  to  comply  with  this  rule,  in 


506  WATERWORKS. 


which  case  a  special  permit  from  the  health  department  must 
be  obtained. 

[September  30,  1892.] 

"Water  for  Drinking  Purposes. 

SEC.  34.  No  person  shall  use,  or  permit  to  be  used,  for 
•drinking  purposes,  any  water  from  any  well  within  the  limits  of 
Salt  Lake  City,  except  it  be  from  a  well  that  is  constructed  in 
accordance  with  the  rules  and  regulations  of  this  chapter. 

[September  30,  1892.] 

Permit  to  Construct  Well. 

SEC.  35.  No  person  shall  construct  or  have  constructed  a 
well,  without  first  obtaining  a  permit  from  the  health  depart- 
ment, and  said  well  must,  upon  completion,  be  inspected  by  an 
officer  of  the  health  department. 

[September  30,  1892.] 

Analysis  of  City  Water—  Report  Quarterly. 

SEC.  36.  The  health  commissioner  shall,  once  in  three 
months,  take  an  analysis  of  the  water  furnished  by  the  city 
through  its  pipe  system  and  report  the  same  to  the  city 
council. 

[September  30,  1892.] 

Penalty  for  Violation. 

SEC.  37.  Any  person  or  persons  who  shall  violate,  or  who 
refuses  to  comply  with,  any  of  the  requirements  of  the  preced- 
ing six  sections,  shall,  upon  conviction,  be  fined  in  any  sum  not 
less  than  $5  nor  more  than 

[September  30,  1892.] 


WEIGHMASTERS   AND    WEIGHING.  507 


CHAPTER    LVI. 


WEIGHMASTERS  AND  WEIGHING. 
Duties  of  Chief  Weighmaster— Books—Fees. 

SECTION  1.  It  shall  be  the  duty  of  the  chief  weighmaster 
to  take  charge  of  the  public  market  grounds  which  shall  be  used 
for  the  sale  of  hay,  straw,  coal,  wood,  charcoal,  lumber,  posts, 
shingles  and  other  articles  sold  by  the  load.  He  shall  make  such 
regulations  therefor  as  he  may  deem  necessary,  and  operate  the 
city  hay  scales,  and  keep  them  in  good  order.  He  shall  keep  a 
suitable  book  with  stubs,  in  which  he  shall  enter  the  name  of 
«ach  person  requiring  his  services,  the  kind  of  loading,  the  gross 
weight,  and  the  weight  of  the  empty  vehicle,  and  shall  deliver 
to  the  teamster  a  certificate  showing  the  name  of  said  teamster, 
the  gross  and  net  weights  of  his  load  and  the  kind  of  loading; 
Provided,  that  in  no  instance  shall  a  certificate  issue  until  the 
empty  vehicle  is  first  returned  to  said  scales  and  weighed.  And 
for  such  weighing,  entries  and  certificate,  the  weighmaster  shall 
charge  and  receive  a  fee  of  not  exceeding  fifteen  cents,  from  the 
person  requiring  such  service. 

[February  8,  1881;  October  27,  1891.] 

Loaded  Vehicles  at  Designated  Places. 

SEC.  2.  It  is  hereby  declared  unlawful  to  stand  upon  the 
public  streets,  lanes,  alleys,  or  other  public  places  of  said  city, 
any  wagon,  cart,  sled,  or  other  vehicle,  loaded  either  with  hay, 
straw,  wood,  charcoal,  lumber,  posts,  or  shingles,  for  the  pur- 
pose of  exposing  such  article  for  sale,  except  at  such  place  or 
places  as  are  or  may  be  designated  by  the  city  council;  and  any 
person  violating  the  provisions  of  this,  section  shall,  on  con- 
viction, be  fined  in  any  sum  not  exceeding  ten  dollars. 

[February  8,  1881;  February,14,  1888.] 


508  WEIGHMASTEES   AND   WEIGHING. 

License  for  Private  Hay  Scales. 

SEC.  8.  Any  person  owning  or  operating  private  hay  scales, 
within  the  limits  of  said  city,  for  public  use,  and  for  which  fees 
are  charged,  shall  and  is  hereby  required  to  pay  a  yearly  license 
of  $12.00  ;  shall  be  subject  to  the  same  requirements  provided 
for  in  section  1  of  this  chapter,  and  shall  give  bonds  in  the  sum 
of  five  hundred  dollars.  All  vendors  of  fruit,  vegetables,  hay  or 
straw,  weighing  at  such  scales,  shall  be  subject  to  the  same  pen- 
alty provided  for  in  section  2  of  this  chapter. 

[February  8,  1881.] 

A  Cord  of  Wood. 

SEC.  4.  Any  person  who  shall  practice  any  deceit  or  fraud 
in  the  sale  of  wood,  by  selling  for  a  cord  of  wood  less  than  one 
hundred  and  twenty-eight  cubic  feet  of  wood,  shall  be  liable  to 
a  fine  in  any  sum  not  exceeding  twenty-five  dollars  for  each 
offense. 

[February  8,  1881.] 

City  Weigh  master*  -Oath  of  Office 

SEC.  5.  The  city  weighmasters  shall  be  subject  to  removal 
by  the  mayor.  Each  person  so  appointed  shall,  before  entering 
upon  the  duties  of  his  office,  subscribe  and  file  with  the  city  re- 
corder, an  oath  of  office,  to  the  effect  that  he  will  .faithfully  and 
honestly,  and  without  fear,  favor  or  partiality,  perform  all  the 
duties  of  city  weighmaster,  according  to  law  and  the  ordi- 
nances of  the  city,  to  the  best  of  his  knowledge,  skill  and  ability. 

[December  2,  1892.] 

Dnty  of  City  Weighmasters. 

SEC.  6.  It  shall  be  the  duty  of  each  city  weighmaster  so 
appointed  and  qualified,  to  provide  and  keep  at  his  own  expense 
a  scale  or  scales  of  some  standard  pattern  and  of  sufficient  draft 
to  weigh  team  and  any  ordinary  load  of  coal,  hay  or  other  mer- 
chandise, to  attend  said  scales,  by  himself  or  deputy,  during  busi- 
ness hours,  except  Sundays,  and  correctly  weigh  all  articles  or 
loads  offered,  for  which  the  requisite  fee  is  tendered. 

He  shall  keep  a  record,  showing  the  articles  weighed  at 


WEIGHMASTEES   AND   WEIGHING.  509 

each  draft,  for  and  to  whom  the  same  is  weighed,  and  the  gross, 
tare  and  net  weight  of  each  draft. 

He  shall  deliver  to  each  person  for  whom  a  draft  is  weighed 
a  certificate  in  writing,  signed  by  himself  or  deputy,  showing 
the  articles  weighed,  the  name  of  the  seller  and  buyer  thereof, 
as  stated  to  him,  and  the  correct  gross,  tare  and  net  weight  of 
such  draft,  also  showing  the  date  and  time  when  weighed. 

[December  2,  1892.] 

Scales  Accurately  Balanced. 

SEC.  7.  Such  city  weighmasters  shall  keep  their  scales  at 
all  times  accurately  balanced  and  shall  have  the  same  and  the 
weights  used  thereon  tested  as  often  as  once  in  each  week  by 
the  city  sealer  of  weights  and  measures. 

[December2,  1892.] 

Fees  for  Weighing. 

SEC.  8.  Such  city  weighmasters  are  authorized  to  charge 
for  weighing  coal,  for  each  load  containing  one  ton  or  less,  five 
(5)  cents,  and  for  each  load  of  coal  containing  more  than  one 
tori,  ten  (10)  cents,  and  for  each  load  of  merchandise  other  than 
coal,  ten  (10)  cents,  which  charge  in  each  case  shall  include  pay- 
ment for  weighing  the  load  and  also  for  weighing  the  vehicle 
containing  it  to  ascertain  the  net  weight. 

[December2,  1892.] 

Penalty  for  Exacting  Illegal  Fees. 

SEC.  9.  Any  city  weighmaster  who  shall  charge  any  person 
more  for  weighing  any  article  than  the  rate  provided  in  section 
8  of  this  chapter,  shall,  on  conviction  thereof,  be  subject  to 
fine  of  not  less  than  fifty  ($50)  dollars  nor  more  than  one 
hundred  ($100)  dollars,  and  for  the  second  offense  he  shall  for- 
feit his  said  appointment. 

[December  2,  1892.] 

Penalty  for  Making  False  Weight. 

SEC.  10.  Any  such  city  weighmaster  who  shall  knowingly 
make  false  weight  or  give  in  his  certificate  false  weight  of  any 
article  or  thing  so  weighed  by  him  shall,  upon  conviction  there- 


510  WEIGHMASTERS   AND   WEIGHING. 

of,  be  subject  to  a  fine  in  any  sum  not  less  than  fifty  ($50)  dollars 
nor  more  than  two  hundred  and  fifty  ($250)  dollars,  and  shall 
on  such  conviction  forfeit  his  said  office. 
[December  2,  1892.] 

When  Scale  May  be  Located  in  Street. 

SEC.  11.  If  any  such  weighmaster  shall  desire  to  locate 
any  scale  in  any  street  of  the  city  it  shall  be  done  only  with  con- 
sent of  the  city  council  and  at  such  place  as  the  council  or  the 
supervisor  of  streets  may  designate,  and  such  scale  shall  remain 
in  said  street  only  at  the  pleasure  of  the  council. 

[December  2,  1892.] 

Penalties  for  Violation. 

SEC.  12.  No  person  shall  alter  any  certificate  of  any  city 
weigher,  or  use  or  attempt  to  use  the  same  for  any  other  load 
or  parcel  than  the  one  for  which  the  same  was  given,  nor  after 
the  weighing,  and  before  the  delivery  of  any  load  or  parcel,  di- 
minish the  quantity  thereof.  Any  person  violating  any  of  the 
provisions  of  the  preceding  seven  sections  of  this  chapter, 
on  conviction  thereof,  shall  be  punished  in  any  sum  not  less 
than  twenty-five  ($25)  dollars  nor  more  than  one  hundred 
($100)  dollars  or -imprisonment  for  twenty-five  days,  or  by  both 
fine  and  imprisonment,  in  the  discretion  of  the  court. 

[December  2,  1892.] 

Auditor  to  Make  Monthly  Examinations. 

SEC.  13.  The  city  auditor  shall  be  permitted,  by  himself 
or  his  agent,  to  examine  at  his  pleasure  the  books  required  as 
aforesaid  to  be  kept  by  the  city  weighers,  and  that  he  be  re- 
quired as  often  as  once  per  month  to  make  such  examinations. 

[December  2,  1892.] 

What  Constitutes  a  Ton  of  Coal. 

SEC.  14.  That  hereafter  in  the  sale  of  coal,  the  hundred 
weight  shall  consist  of  one  hundred  pounds  avoirdupois,  and 
twenty  such  weights  shall  constitute  a  ton. 

[November  25,  1892.] 


WEIGHMASTERS   AND   WEIGHING.  511 

Certificate  with  Load  of  Coal. 

SEC.  15.  Every  person,  firm  or  corporation  who  engages 
in  the  business,  in  this  city,  of  selling  or  delivering  coal  at  retail 
or  wholesale,  or  who  sells  or  delivers  any  such  coal  in  this  city, 
shall  deliver,  or  cause  to  be  delivered  to  the  purchaser  of  each 
load,  or  part  of  load  of  coal,  so  sold  or  delivered,  and  at  the  time 
of  such  sale  or  delivery,  a  certificate  in  writing  signed  by  an 
authorized  city  weighmaster  and  also  by  the  seller,  showing  the 
exact  number  of  pounds  net  of  coal  so  delivered,  and  showing 
also  the  kind  and  grade  or  quality  of  the  coal  so  delivered,  and 
whether  the  same  is  screened  or  unscreened. 

[November  25,. 1892.] 

Penalty  for  Short  Weight,  etc. 

SEC.  16.  Any  person  who  shall  violate  any  of  the  pro- 
visions of  sections  14  and  15  of  this  chapter,  or  who  shall  deliver 
to  any  purchaser  a  less  quantity  of  .coal  than  two  thousand 
pounds  of  avoirdupois  for  each  ton  purchased  (or  a  proportion- 
ate amount  of  any  part  of  a  ton)  or  who  shall  deliver  to  any 
such  purchaser  a  less  quantity  of  coal  than  that  shown  in  such 
certificate,  or  who  shall  deliver  to  any  such  purchaser  coal  of  a 
different  kind,  grade  or  quality  or  condition  than  that  shown  in 
the  certificate  accompanying  such  delivery,  or  who  shall  practice 
any  fraud  or  deceit  in  the  sale,  weighing  or  delivery  of  any 
coal  purchased  to  be  delivered  in  said  city,  as  aforesaid,  shall, 
upon  conviction  thereof,  be  punished  for  each  offense  by  a  fine 
in  any  sum  not  less  than  $20  nor  more  than  $100,  or  by 
imprisonment  not  exceeding  thirty  days,  or  by  both  such  fine 
and  imprisonment,  in  the  discretion  of  the  court. 

[November  25,  1892.] 

Penalty  for  Overcharge  for  Coal. 

SEC.  17.  Any  person  who,  under  pretense  of  covering  the 
cost  of  weighing  or  delivering,  shall  add  to  the  price  charged  for 
any  coal  sold,  or  to  the  price  charged  for  delivery,  any  sum  in 
excess  of  the  actual  cost  of  such  weighing  or  delivering  shall, 
upon  conviction  thereof,  be  punished  as  provided  in  section  16- 
hereof. 

[November  25,  1892.] 


512 


REVISED   ORDINANCES. 


CHAPTER    LVIL 


REVISED  ORDINANCES. 

SECTION  1.     These  Revised  Ordinances  shall  take  effect  and 
be  in  force  from  and  after  their  passage,  approval  and  publication. 

Passed  and  approved  by 
the  city  council  of  Salt  Lake 
City,  Utah  Territory,  Decem- 
ber 9th,  1892,  and  referred  to 
the  mayor  for  his  approval. 

C.  E.  STANTON, 

City  Recorder. 


I,  C.  R  Loofbourow,  president  of  the  Salt  Lake  City  Coun- 
cil, do  hereby  certify  that  the  bill  for  "  An  Ordinance  Revising 

the  Ordinances  of  Salt  Lake 
City,"  was  passed  by  the  city 
council  of  Salt  Lake  City, 
Territory  of  Utah,  on  Decem- 
ber 20th,  1892,  notwithstand- 
ing the  objections  of  the 
mayor  thereto,  two-thirds  of 
said  council  eleet  voting  in 
the  affirmative. 

C.  F.  LOOFBOUROW, 

President  of  the  Salt 
Lake  City  Council. 

Attest:     C.  E.  STANTON, 

City  Recorder. 


APPENDIX.  513- 


APPENDIX. 


tf  ORDINANCE 

PRESCRIBING  THE  MANNER  OF  THE  ASSESSMENT  OF  PROPERTY  AND' 
FOR  THE  COLLECTION  OF  TAXES  IN  SALT  LAKE  CITY,  TER- 
RITORY OF  UTAH. 

Assessment  and  Collection  of  Taxes. 

SECTION  1.  Be  it  Ordained  by  the  City  Council  of  Salt 
Lake  City,  Territory  of  Utah:  That  all  property  within  the 
corporate  limits  of  Salt  Lake  City  which  now  is  or  which  may 
hereafter  be  made  taxable  for  county  or  Territorial  purposes  by 
the  laws  of  the  Territory  of  Utah,  shall  be  assessed  and  taxed 
for  municipal  purposes. 

The  assessment  on  all  property  taxable  as  aforesaid,  and 
the  collection  of  all  general  taxes  levied  for  municipal  purposes 
in  said  city,  shall  be  made  in  the  manner  now  or  which  may 
hereinafter  be  provided  by  the  laws  of  the  Territory  for  the  as- 
sessment of  property,  for  the  collection  of  taxes  for  county  and 
Territorial  purposes  and  the  redemption  from  tax  sales. 

SEC.  2.  That  all  ordinances  and  parts  of  ordinances  in 
conflict  herewith  be  and  the  same  are  hereby  repealed. 

SEC.  3.  This  ordinance  shall  be  in  force  from  and  after  its- 
approval. 

[December  13,  1892.] 


33 


INDEX  TO  CITY  CHARTER 


AND 


AMENDMENTS. 


INDEX  TO  CITY  CHARTER. 


A 

SEC.  PAGE. 

Act,  incorporating  city 1  25 

boundaries  of  city  defined  by 1  25 

powers  of  city  prescribed  by  2  25 

deemed  public 83  42 

incorporating  Great  Salt  Lake  City,  repealed 87  43 

Actions,  accrued  rights  continued 80  41 

Agents  may  be  appointed  by  council 8  27 

Aldermen,  conservators  of  peace,  and  powers 13  28 

give  bonds  and  qualify  as  justice 13  28 

jurisdiction  of 14  28 

Alleys  (see  streets). 

Amusements,  council  may  regulate  or  prohibit 26  31 

Animals,  prevention  of  abuse  of 27  27 

punishment  may  be  provided  for  abuse  of 27  31 

prevention  of  cruelty  to 27  31 

running  at  large 29  31 

impounding  of 29  31 

forfeiture  and  sale  of,  after  impounded 29  31 

to  require  removal  of  dead 35  33. 

Appeal,  from  assessment  of  damages 76  41 

Appropriation,  of  private  property  for  use  of  city 76  41 

how  damages  assessed  . . : 76  41 

Arrest,  powers  of — time  of  detention, 85  42 

Assessment  (see  tax). 

Assessment  roll,  how  made 65  38 

when  to  be  completed ..-....'. 65  38 

Auctioneers,  prevent  crying  of  goods  on  streets 38  33 

to  license,  tax  or  regulate 42  34 


B 


Bathing,  council  may  regulate  and  determine  times  and  places 

of,  in  rivers,  etc 39        33 

prevent  obscene  or  indecent  exposure 39        33 


518  INDEX   TO  CITY    CHARTER, 

SEC.  PAGE. 

Births  and  deaths,  council  may  provide  for  registration  of 46  35 

regulate  burial  of  dead 46  35 

'regulate  keeping  bills  of  mortality 46  35 

impose  penalty  for  default 46  35 

Bond,  council  may  require  from  all  officers 73  40 

Borrow  money,  provisions  by  which  council  may ; 60  36 

Boundaries  of  city  (see  act). 

Breweries,  to  direct  location  and  management 31  32 

Brewers,  to  license,  tax  or  regulate 42  34 

Brokers,  to  license,  tax  or  regulate 42  34 

Building  material,  to  regulate  inspection 48  35 

Butchers,  council  may  regulate,  license  or  prohibit 44  34 

restrain  sale  of  fresh  meat  and  vegetables 44  34 

punish  forestalling  of  poultry,  fruit  and  eggs 44  34 


C 


Carcass,  council  may  prevent  the  depositing  of,  in  city  limits  ...  35  33 

require  removal  or  destruction  of 35  33 

Cemetery,  lots  exempt  from  execution 78  41 

Census,  council  may  provide  for  taking 46  35 

Coal  and  wood,  regulate  weighing  and  measuring 51  35 

Collector,  shall  be  furnished  list  of  taxes  to  be  collected 66  38 

has  power  to  collect  taxes  by  suit 1 66  38 

council  has  power  to  prescribe  powers  of 67  38 

Combustibles,  council  may  direct  or  prohibit  location  of  houses 

for  storing 32  32 

Conservators  of  peace,  powers  of  arrest  and  detention 85  42 

Contagious  diseases,  mayor  and  council  may  regulate  concerning  40  34 

Council,  power  to  sue  and  be  sued 2  25 

power  to  plead  and  be  impleaded '. . . .  2  25 

power  to  defend  and  be  defended 2  25 

power  to  purchase  property,  real  and  personal 2  25 

power  to  sell,  lease  and  convey  property,  real  and  personal  2  25 

how  composed 4  26 

members  of,  how  chosen 4  26 

term  of  members 4  26 

when  election  for  members  held 5  26 

power  to  determine  tie  vote 1 5  26 

power  to  canvass  votes 7  26 

power  to  certify  returns 7  26 

power  to  appoint  certain  officers 8  27 

power  to  provide  for  removing  officers 9  27 

power  to  provide  for  filling  vacancies  in  office 10  27 

power  to  enforce  ordinances . -  - , 14  28 


INDEX   TO   CITY   CHARTER.     - 


SEC.  PAGE. 

Council,  power  to  designate  time  and  place  of  its  meeting  ......  18  29 

power  to  appoint  presiding  officer  in  absence  of   mayor...  18  29 

power  to  call  special  meetings  and  how  .........  .........  19  29 

power  to  control  city  finances  and  property  ..............  20  30 

power  to  prohibit  games  of  chance  ......................  21  30 

power  to  license,  tax  and  regulate  certain  things  ..........  22  30  ; 

power  to  regulate  the  selling  or  giving  away  of   ardent 

spirits  or  other  intoxicating  liquors  ..............  23  30 

power  to  regulate  manufacturing  and  selling  of  liquors.  ..  24  30 
power  to  regulate,  license,  suppress  or  prohibit  exhibi- 

tions. shows,  etc  .........................  ........  25  31 

power  to  regulate  or  prevent  amusements  on  streets  ......  26  31 

power  to  prevent  immoderate  driving  ....................  27  31 

power  to  provide  for  prevention  of  cruelty  to  animals  ...  27  31 

power  to  compel  putting  up  of  hitching  posts  ...........  27  31 

power  to  compel  the  hitching  of  animals  .................  27  31 

power  to  prevent  incumbering  of  streets  .................  28  31 

power  to  regulate  animals  running  at  large  ..............  29  31 

power  to  license  dogs  ...................................  29  31 

power  to  authorize  destruction  of  dogs  .................  .  29  31 

power  to  make  health  regulations  ...............    .......  30  32 

power  to  abate  and  remove  nuisances  ...................  30  32 

power  to  regulate  slaughtering  houses  ...................  30  32 

power  to  regulate  tanneries  .............................  30  32 

power  to  regulate  breweries  .............................  30  32 

power  to  direct  or  prohibit  location  and  management  of 

explosives  .......................................  32  32 

power  to  compel  certain   sidewalks  to  be  kept  free  from 

snow  and  ice  .....................................  33  32 

power  to  prevent  nuisances  accumulating  ................  34  32 

power  to  prevent  bringing  unwholesome  substance  .......  35  33 

power  to  require  lots,   streets,  etc.,  to  be    drained  and 

cleared  ..............  .............................  36  33 

power  to  lay  out,  improve  and  regulate  public  grounds.  ..  37  33 

power  to  regulate  and  prohibit  street  noises  .............  38  33 

power  to  regulate  times  and  places  for  bathing  and  swim- 

ming .............................................  39  ,33 

power  to  prevent  obscene  or  indecent  exposure  or  conduct  39  33 

power  to  make  regulations  to  prevent  contagious  diseases  40  34 

power  to  make  and  enforce  quarantine  laws  ..............  40  34 

power  to  grant  and  issue  licenses  .......................  41  34 

power  to  grant  license  and  tax  merchants  and  retailers, 

etc  ..............................................  42  34 

power  to  license,  tax,  regulate  or  suppress  hawkers  and 

peddlers  .........................................  43 

power  to  regulate  and  license  or  prohibit  butchers,  etc  .  .  44 


520  INDEX  TO  CITY  CHARTER. 

SEC.  PAGE. 

•Council,  power  to  establish  and  regulate  markets  and  other  pub- 
lic buildings 45  34 

power  to  regulate  registration  of  births  and  deaths 46  35 

power  to  provide  for  taking  census  of  city 46  35 

power  to  appoint  watchmen  and  policemen  and  prescribe 

duties 47  35 

power  to  appoint  inspectors  of  lumber 48  35 

power  to  regulate  weighing  and  place  of  sale  of  hay 49  35 

power  to  regulate  the  inspection  of  provisions 50  35 

power  to  regulate  weighing  and  measuring  of  coal  and 

wood 51  35 

power  to  regulate  place  and  manner  of  selling  same 51  35 

power  to  regulate  the  inspection  of  liquors 52  35 

power  to  appoint   inspectors,  weighers  and  gaugers  and 

regulate  duties 53  35 

power  to  provide  for  inspection  of  weights  and  measures. .  54  36 

power  to  erect  and  maintain  waterworks 55  36 

power  to  make  regulations  concerning  use  of  water 55  36 

power  to  provide  for  street  lighting 56  36 

power  to  establish  and  regulate  public  pounds 57  36 

power  to  regulate  and  license  ferries : 58  36 

power  to  provide  for  education  and  care  of  waifs \  . . .  59  36 

power  to  borrow  money 60  36 

power  to  pass,  amend  and  repeal  ordinances 61  37 

power  to  levy  and  collect  taxes 62  37 

power  to  require  and  collect  poll  tax 64  37 

power  to  regulate  form  of  assessment  rolls 65  38 

power  to  prescribe  duties  ana  define  powers  of  assessors 

and  collectors 65  38 

power  to  regulate  and  establish  fire  department 68  39 

power  to  organize  fire  companies  and  appoint  foreman  ...  68  39 

power  to  provide  for  election  of  school  trustees 69  39 

power  to  appoint  board  of  school  inspectors  and  prescribe 

duties... 69  39 

power  to  establish  and  regulate  police  and  impose  fines,  etc.  70  39 

power  to  require  extra  duty  from  officers  73  40 

power  to  require  all  officers,  etc.,  to  give  bonds 73  40 

power  to  arrange  fees  and  fix  compensation  of  officers,  jur- 
ors, witnesses  and  others 73  40 

power  to  enforce  delivery  of  property  to  successors  by  fine  73  40 

power  to  take  private  property  for  streets,  etc 76  41 

original  power  or  authority  continued 86  42 


INDEX    TO    CITY    CHARTER.  521 


D 


SEC!.  PAGE. 

Damages,  for  appropriation  of  private  property 77  41 

Dead  animals,  to  require  removal  of 35  33 

Destitute  children,  council  may  provide  for 59  36 

Distilleries,  council  may  locate,  restrain  or  prohibit 31  32 

Distillers,  to  license,  tax  or  regulate 42  34 

Dogs,  tax  or  regulate  the  keeping  of 29  31 

authorize  destruction  of 29  31 


E 

Election,  provision  for  holding  first 6  26 

manner  of  conducting  subsequent * 7  26 

manner  of  contesting  subsequent 7  26 

Equalization,  council  shall  hear  objections  to  taxation 65  38 

power  to  revise  assessment  roll 65  38 

Exhibitions,  power  to  regulate,  license,  suppress  or  prohibit. ...  25  31 


F 


Fast  riding,  may  be  prohibited 27  31 

Ferries,  to  regulate  and  license 58  36 

Finances  (see  borrow  money). 

council  shall  control 20  30 

Fire  regulations,  council   has  power  to  make,  ordain  and  estab- 
lish   68  39 

procure  fire  engines  and  other  apparatus 68  39 

provide  and  have  charge  of  engine  houses 68  39 

organize  fire,  hose  and  ladder  companies 68  39 

appoint  foreman  and  prescribe  duties 68  39. 

make  rules  and  regulations  governing  fire  companies 68  39 

impose  penalties  for  violation 68  39 


G 

Oames  of  chance,  council  may  prohibit ; 21        30 


522  INDEX    TO   CITY   CHARTER. 


H 

Hawkers  and  peddlers,  council  may  license,  tax,  regula.te  or  sup- 
press   43  34 

Hay,  council  may  regulate  weighing,  place  and  manner  of  sell- 
ing   49  35 

Health,  to  compel  cleansing 30  32 

to  prohibit  nauseous  or  unwholesome  business 31  32 

Hitching  posts,  property  owners  must  provide 27  31 

compel  fastening  of  animals  while  in  streets 27  31 

I 

Illegal  voting,  punishment  same  as  at  general  elections 11  28 

Impounding,  of  domestic  animals 29  31 

Inspectors,  for  building  material 48  35 

mayor  and  council  may  appoint 53  35 


L 


Licenses,  council  may  issue  and  exact  fees .  41  34 

may  require  bond  before  issue 41  34 

may  issue  to  merchants  and  retailers 42  34 

impose  duties  on  goods  sold  at  auction 42  34 

Liquor,  council  may  regulate  traffic  in 23  30 

prohibit  selling  or  giving  to  minors  and  others 23  30 

manufacture  and  sale  of 24  30 

inspection  of,  sold  in  bulk 52  35 

Lots,  fencing  within  city  limits 37  33 

Lumber  and  building  material,  council  may  regulate  measuring 

and  inspection  of 48  35 


M 


Markets,  council  may  establish  and  regulate 45  34 

determine  location  and  authorize  erection 45  34 

Marshal,  shall  perform  duties  prescribed  by  council 16  29 

process  shall  be  directed  to 16  29 

shall  be  principal  ministerial  officer 16  29 

Mayor,  oath  of 12  28 

shall  give  bonds 13  28 

shall  qualify  as  justice  of  peace 13  28 


INDEX   TO   CITY   CHARTER. 


SEC.  PAGE. 

Mayor,  possess  jurisdiction  of  justice 13  28 

pay  to  treasurer  funds  received  in  judicial  capacity 13  28 

keep  a  docket 13  28 

have  -exclusive  jurisdiction  in  cases  arising  under  ordi- 
nances           14  28 

shall  preside  at  meetings  of  council 18  29 

Mercantile  licenses,  council  may  tax  and  regulate  merchants  ...  42  34 

Money-changers,  license,  tax  or  regulate '. 42  34 


N 


Nuisances,  abatement  or  removal  of 30        32 

to  abate,  and  punish  authors  of 34        32 

define  and  declare  what  constitute ' . .  34        32 


• 


O 


Office,  oath  of 10  27 

vacancies  in,  how  tilled 10  27 

oath  to  be  filed  with  recorder 10  27 

Officers,  shall  be  appointed  by  council , 8  27 

may  be  removed  by  council 9  27 

removals  must  be  for  cause 9  27 

council  shall  have  power  to  prescribe  further  duties  of ...  73  40 

arrange  fees  and  fix  compensation  of 73  40 

require  bonds  to  be  given  by 73  40 

shall  be  commissioned  by  warrant 74  40 

warrant  to  be  signed  by  mayor  and  recorder 74  40 

shall  deliver  property  to  successor 75  40 

Ordinances,  council  has  power  to  impose  fine  for  breach  of 70  39 

provide  for  recovery  of  fines  for  breach  of 70  39 

make,  establish  and  execute 70  39 

must  be  published  within  one  month 71  39 

certified  copies  must  be  posted 71  39 

when   published   in   book  form,  shall  be  received  in  evi- 
dence , 72  40 

old  remain  in  force  . .  79  41 


P 


Pawnbrokers,  license,  tax  or  regulate 42  34 

Police,  to  appoint  watchmen  and 47  35 

council  has  exclusive  authority  to  establish  and  regulate  70  39 

Poll  tax,  age  at  which  subject  to 64  37 

council  shall  have  power  to  collect 64  3T 


524  INDEX   TO   CITY   CHARTER. 

SEC.  PAGE. 

Property  vested — officers  continued 82  42 

Provisions,  council  may  regulate  inspection 50  35 

inspect  salt  to  be  sold  in  bulk 50  35 

Public  act,  may  be  read  in  evidence 83  42 

Public  grounds,  council  may  lay  out,  improve  and  regulate 37  33 

direct  and  regulate  planting  of  trees 37  33 

Public  pounds,  council  may  establish  and  regulate 57  36 


R 


Recorder,  shall  keep  accurate  record  of  ordinances  made  by 

council 15  28 

record  proceedings  of  council  in  corporate  capacity 15  28 

record  open  to  inspection 15  28 

keep  plat  of  all  surveys , . . . .  15  28 

record  all  deeds  and  instruments  presented  for  that  pur- 
pose   15  28 

authorized  to  take  acknowledgment 15  28 

Removals,  of  officers,  may  be  made  by  council 9  27 

must  be  for  cause 9  27 

shall  be  heard  in  defense 9  27 

Repeal,  "  An  Ordinance  'to  incorporate  Great  Salt  Lake  City," 

approved  January  19, 1851 87  43 

"  in  relation  to  assessment  and  expenditure  of  tax  for  road 

and  other  purposes,"  approved  June  4, 1853 87  43 

Rights  reserved 84  42 


S 


School  trustees,  council  has  power  to  provide  for  election  of 69  39 

appoint  board  of  school  inspectors 69  39 

prescribe  powers  and  duties  of 69  39 

Sidewalks,  council  may  compel  keeping  free  from  snow  and  ice  .  33  32 

exclusively  control,  regulate  or  repair 36  33 

obstructions  and  accumulations  on 36  33 

Slaughter  houses,  council   may  locate,  direct  management  or 

prohibit 31  32 

Statement,  to  be  published  quarterly 88  43 

Street  lamps,  council  may  erect  and  regulate  lighting  of 56  36 

create,  alter  and  extend  lamp  districts 56  36 

Streets,  council  may  prevent  encumbering  of 28  31 

exclusively  control,  regulate  or  repair 36  33 

open,  widen,  straighten  or  vacate 36  33 

put  drains  or  ditches  and  sewers  therein 36  33 

protect  from  encroachment  or  injury 36  33 

power  to  take  private  property  for 76  41 


INDEX    TO    CITY   CHARTEK.  525 

N  - 

8EO.  PAGE. 

Streets,  just  compensation  to"be  paid  for  property  taken  for 76  41 

jury  may  determine  value  of  property  taken  for 76  41 

Surveys,  plat  to  be  kept  by  recorder 15  28 

acts  of  surveyor  validated 81  41 


T 

Tanneries,  council  may  locate  and  direct  management  of 31  32 

Tax,  may  be  levied  to  defray  contingent  expenses 62  37 

may  be  levied  to  open,  improve  and  keep  in  repair  streets.  62  37 

may  be  levied  to  control  waters  of  the  city 62  37 

when  may  not  be  increased 63  37 

poll,  provide  for  levy  and  collection 64  37 

collector  shall  be  furnished  list  to  be  collected 65  38 

collector,  power  to  collect  by  suit 65  38 

property  may  be  sold  for ,. 65  38 

assessor's  roll  shall  be  evidence  in  suit 65  38 

power  to  regulate  form  of  assessment  roll 65  38 

power  to  prescribe  duties  and  define  powers  of  assessors 

and  collectors .' 65  38 

when  assessment  rolls  shall  be  returned  by  assessor 65  38 

council  shall  hear  objections 65  38 

power  to  revise  and  correct  assessment  roll 65  38 

collection  provided  for 66  38 

collectors,  power  and  authority 67  38 

Treasurer,  shall  receive  all  moneys  belonging  to  city 17  29 

keep  accurate  account  of  receipts  and  expenditures 17  29 

pay  orders  signed  by  auditor 17  29 

make  report  to  council 17  29 

Trees,  planting  and  preserving  in  streets  and  public  grounds 37  33 

V 

Vacancies,  may  be  filled  by  council 10  27 

must  subscribe  oath . . 10  27 


W 

Water,  council  may  distribute  and  control . . , 55  36 

Waterworks,  council  may  establish,  make  and  regulate 55  36 

distribute  water  and  prevent  waste 55  36 

Weights  and  measures,  council  may  require  inspection  and  seal .  54  36 

standard  of  .  .  54  36 


INDEX  TO  CHARTER  AMENDMENTS. 


A 


SEC.  PAGE. 

Act,  amending  charter  of  Great  Salt  Lake  City 89  43 

extending  boundaries 91  4G 

changing  name  of  Great  Salt  Lake  City 92  46 

amending  charters  of  incorporated  cities 93  47 

amending  charters  of  incorporated  cities 104  49 

providing  for  registration  and  elections Ill  52 

amending  charter  of  Salt  Lake  City 112  53 

amending  act  amending  charters  of  incorporated  cities  . . .  117  55 

to  provide  right  of  way  for  canals 119  56 

amending  charter  of  Salt  Lake  City 125  59 

to  fill  vacancies  in  justice  of  peace 126  60 

relating  to  liquor  licenses 127  61 

extending  powers  of  incorporated  cities 142  67 

amending  act  incorporating  Salt  Lake  City 143  67 

amending  chapter  X.,  Laws  of  Utah,  1884 147  69 

providing  for  the  incorporation  of  cities 150  70 

laying  out  and  platting  towns 289  111 

bestowing  power  of  veto  on  mayor 295  113 

in  relation  to  elections  and  tenure  of  office 300  115 

for  assessment  and  collection  of  taxes 304  116 

Actions,  arrest  for  probable  cause 94  47 

Amendment  (see  act). 

Application,  class  of  cities  to  which  provisions  apply 298  114 

Appraisers,  for  right  of  way  of  canal,  how  appointed 121  57 

oath  prescribed  for 122  57 

powers  of 122  57 

Appropriation,  council  may  make 152  70 

Assessments  (see  tax). 

B 

Bankers,  council  may  license,  tax  and  regulate 98  48 

Billiard  tables,  council  may  tax,  regulate  or  suppress 101  49 

Board  of  equalization,  may  administer  oaths 253  90 


528  INDEX    TO   CHARTEH    AMENDMENTS. 

SEC.  PAGE.. 

Board  of  equalization,  require  property  owners  to  give  statement.  253  90 

summon  persons  to  appear  and  testify 253  90 

county  court  constituted 307  117 

Board  of  public  works,  must  be  freeholders 285  109 

number  of  members  and  duties 285  109 

bond  of  members 285  109 

council  shall  designate  chairman 285  109 

chairman  must  devote  necessary  time 285  109 

Bonds,  council  may  issue,  meet  or  fund * 157  70 

Bonded  indebtedness,  limit  prescribed 286  110 

Borrow  money,  council  may,  for  canal 112  53 

-  issue  bonds,  create  sinking  funds 156  70 

Boundaries  of  city  extended  91  46 


C 


Canals,  secure  right  of  way 121  57 

manner  of  appointing  appraisers 121  57 

duty  of  appraisers 122  57 

how  title  passes  by  record 123  58 

compensation  of  appraisers 124  58 

Charters,  supplemental  articles 273  98 

when  in  force 274  98 

Cities,  metropolitan  class  not  affected 302  115 

City  assessor  and  collector,  powers  defined 142  67 

City  officers,  how  elected 109  52 

City  treasurer,  shall  collect  special  taxes 312  118 

Collector,  shall  give  notice  of  tax  delinquency .  283  108- 

Commitment,  for  violation  of  ordinances 241  86 

Corporate  limits,  may  be  extended 260  93 

manner  of  extending 261  93 

plat  must  be  filed  with  county  recorder 262  94 

how  restricted 263  95 

notice  to  be  given  to  restrict 263  95 

what  notice  shall  state 264  95 

plat  of  detached  territory'must  be  filed 265  95 

Council,  power  to  license  livery  stables 89  43 

power  to  license  hackmen,  etc 89  44 

power  to  establish  hospitals,  license  doctors 89  44 

power  to  establish  house  of  correction 89  44 

power  to  locate  railroad  tracks  and  prohibit   locomotive 

engines  thereon 89  44 

power  to  control  location   of  gas   works,  telegraph  poles, 

etc . .                                                                                         89  44 


INDEX  TO  CHARTER  AMENDMENTS.  529' 

SEC.  PAGE. 

Council,  power  to  levy  and  collect  local  assessments 89  44 

power  to  provide  penalty  for  violation  of  ordinances 95  47 

power  to  provide  for  public  schools 96'  48 

power  to  define  tire  limits 97  4.3 

power  to  license  lawyers,  prohibit  quacks 98  48 

power  to -license  bankers,  expressmen,  etc 99  48 

.    power  to  prohibit  games  of  hazard 100  48 

power  to  license,  tax,  regulate  or  suppress  billiard  tables, 

pin  alleys,  etc 101  49 

power  to  repress  disorderly  houses 101  49 

power  to  compel  removal  of  obstructions  from  sidewalks. .  104  49 

power  to  construct  waterworks  and  reservoirs 105  50 

power  to  regulate  and  control  water  supply 105  50 

power  to  tax  real  estate  benefited  by  water  supply 105  50 

power  to  appoint   commissioners  to  assess   for   improve- 
ments    105  50 

may  borrow  for  canal 112  53 

shall  create  a  sinking  fund 113  54 

power  to  compel  cleaning  sidewalks 115  54 

power  to  regulate  or  prohibit  smoking  of  opium 115  54 

power  to  take  private  property  to  widen  canal  or  ditch 115  54 

power  to  authorize  appointment  of  deputy  recorder 115  54 

power  to  construct  canals 119  56 

power  to  institute  proceedings  to  secure  right  of  way 120  56 

power  to  license  liquor  selling 125  59 

power  to  fill  vacancies  by  appointment - 126  60 

may  enforce  payment  of  taxes.  . .' 142  67 

power  to  license,  tax  or  regulate  billiard  tables  or  ten-pin 

alleys 143  67 

power  to  prohibit  gaming 144  68 

may  prohibit  females  in  saloons 146  69 

power  to  collect  water  tax 148  69 

power  to  provide  punishment  for  offenses 149  69 

power  to  control  finances  and  property 151  70 

power  to  appropriate  money 152  70 

power  to  buy  and  sell  property 152  70 

power  to  levy  and  collect  taxes 153  70 

power  to  fix  amount  and  terms  of  licenses 154  70 

power  to  erect  needful  city  buildings 155  70 

power  to  borrow  money,  issue  bonds,  create  sinking  funds.  156  70 

power  to  issue,  meet  or  fund  bonds \  . .  157  70 

power  to  establish,  open,  alter,  widen,  grade  or  improve 

streets,  parks  and  public  grounds 158  71 

power  to  plant  trees  in  streets  and  public  grounds 159  71 

power  to  regulate  use  of  streets 160  71 

power  to  prevent  obstructions  on  streets 161  71 

34 


530  INDEX  TO  CHARTER  AMENDMENTS. 


fKC.     PAGE. 

Council,  power  to  provide  for  lighting,  cleaning  and  sprinkling 

streets 162        71 

power  to  regulate  opening  of  streets  for  laying  pipes 163        72 

power  to  construct  and  maintain  waterworks,  street  rail- 
ways, bath-houses 164 

power  to  extend  jurisdiction  beyond  city  limits 165 

power  to  control  water  and  water -courses 166 

power  to  construct,  purchase  or  maintain  canals,  etc 167 

power  to  grant  gas  and  electric  light  privileges 168 

power  to  regulate  price  of  gas 169 

power  to  regulate  erection  of  poles  and  wires 169 

power  to  fix  water  rates 170 

power  to  compel  keeping  sidewalks  free 171 

power  to  prevent  depositing  garbage  in  streets 172 

power  to  provide  for  crosswalks,  curbs  and  gutters 173 

power  to  prevent  use  of   streets  and  sidewalks  for  signs, 

awnings,  poles,  etc 174        74 

power  to  prohibit  carrying  placards  or  handbills 175        74 

power  to  regulate  or  prevent  flying  of  flags  across  streets. .  176        74 

power  to  regulate  or  prohibit  traffic  upon  streets 177        74 

power  to  regulate  speed  of  animals  or  locomotives 178        75 

power  to  regulate  numbering  of  houses  and  lots 179        75 

power  to  name  street  or  public  place 180        75 

power  to  grant  franchise  to  street  railways 181        75 

power  to  change  location  or  grade  of  railroad  crossing 182        75 

power  to  require  erection  of  cattle  guards 183        75 

power  to  require  keeping  flagmen  at  railroad  crossings. ..  184        75 

power  to  establish  grades  for  railroads 184        75 

power  to  construct  viaducts  and  tunnels 185        76 

power  to  construct  culverts,  drains  and  sewers 186        76 

power  to  license,  tax  and  regulate  certain  business 187        76 

power  to  license,  tax  or  suppress  billiard   tables,  ten-pin 

alleys,  etc 188        77 

power  to  suppress  bawdy  and  gambling  houses 189        77 

power  to  prohibit  exhibition  of  obscene  pictures 189        77 

power  to  license,  regulate  and  tax  traffic  in  intoxicating 

liquors 190        77 

power  to  prohibit  selling  liquor  to  minors 191        77 

power  to  prohibit  smoking  of  opium 191        77 

power  to  establish  markets  and  market  houses .  .  192        78 

power  to  regulate  sale  of  meats,  poultry,  fish,  etc 193        78 

power  to  provide  for  inspection  of  meats  and  provisions  . .  194        78 

power  to  regulate  inspection  and  weighing  coal 195        78 

power  to  provide  for  sealing  weights  and  measures 196        78 

power  to  enforce  keeping  proper  weights  and  measures. ..  197        78 
power  to  regulate  construction  vaults  and  cisterns 198        78 


INDEX  TO  CHARTER  AMENDMENTS.  531 

SEC.  PAGE. 

Council,  power  to  restrain  disorderly  conduct,  petit  larceny 199  79 

power  to  prohibit  carrying  concealed  weapons 200  79 

power  to  punish  vagrants 201  79 

power  to  punish  disturbers  of  peace : \  . .  202  79 

power  to  punish  tramps,  prostitutes,  gamblers 203  79 

power  to  define  fire  limits  and  compel  removal  of  certain 

buildings 204  79 

power  to  compel  erection  of  fire-escapes 205  80 

power  to  regulate  erection  of  chimneys,  boilers,  etc 206  80 

power  to  prevent  carrying  on  of  dangerous  manufactories.  207  80 

power  to  regulate  deposit  of  ashes 207  80 

power  to  organize  and  support  fire  department 208  80 

power  to  regulate  storage  of  gunpowder,  etc 209  81 

power  to  prevent  bonfires,  restrain  use  of  fireworks 209  81 

power  to  provide  for  inspection  of  steam  boilers 210  81 

power  to  establish  jails,  houses  of  correction,  workhouses.  211  81 

power  to  prohibit  cruelty  to  animals 212  81 

power  to  abate  nuisances 213  81 

power  to  create  board  of  health,  make  quarantine  laws. . .  214  81 

power  to  establish  hospitals  and  burial  grounds 315  82 

power  to  regulate  registration  of  births  and  deaths 216  82 

power  to  prohibit  the  running  at  large  of  animals 217  82 

power  to  establish  city  pound  and  sell  estrays 217  82 

power  to  license  keeping  of  dogs,  and  to  destroy 218  82 

power  to    locate    packing-houses,    breweries,    slaughter- 
houses   219  82 

power  to  abate  or  locate  outhouses 220  83 

power  to  provide  for  taking  of  census. 221  83 

power  to  construct  public  buildings 222  83 

power  to  prevent  ball  playing  and  bicycling 223  83 

power  to  regulate  or  prohibit  keeping  lumber  yard 224  83 

power  to  establish  waterworks  and  fire  signals 225  83 

power  to  establish  libraries  and  reading  rooms 226  84 

power  to  regulate  or  prohibit  processions 227  84 

power  to  provide  for  burial  of  indigent  dead 228  .  84 

power  to  levy  and  collect  street  tax . : 229  84 

power  to  provide  for  care  of  destitute  children 230  84 

power  to  regulate  inspection  of  liquors 231  84 

power  to  regulate  sale  of  meat  and  vegetables 232  85 

power  to  prevent  bell  ringing,  horn  blowing 233  85 

power  to  compel  fastening  of  animals 234  85 

power  to  extend  streets  and  sewers  under  railroad  tracks .  235  85 

power  to  require  bonds  and  reports  from  officers 236  85 

power  to  appoint  police  and  watchmen 237  85 

power  to  remove  officers  and  prescribe  duties,  etc 237  85 

power  of  eminent  domain 238  86 


532  INDEX  TO  CHARTER  AMENDMENTS. 

SEC.  PAGE. 

Council,  power  to  raise  revenue  by  license  fee  or  tax 239  86 

power  to  pass  ordinances  and  enforce  obedience— limit . . .  240  86 

power  to  levy  and  collect  water  tax 255  91 

power  to  levy  taK  to  improve  streets  and  sidewalks 256  91 

power  to  levy  tax  to  construct  sewers  and  drains 257  91 

power  to  levy  and  collect  local  assessments 258  91 

power  to  divide  city  into  sewer  and  paving  districts 259  92 

power  to  extend  corporate  limits 260  93 

powers  of  defined 270  97 

may  enlarge  duties  of  officers 271  97 

may  enforce  by  ordinance  powers  granted 272  98 

may  punish  infringement  of  ordinance 272  98 

power  to  lay  out.  open  and  improve  streets 275  98 

levy  and  collect  tax  for  improvement  of  streets 275  98 

may  declare  street  railroad  tracks  a  nuisance 275  98 

may  issue  bonds  to  pave  streets 275  98 

power  to  require  water,  gas  and  sewer  connections 278  107 

power  to  levy  special  tax  to  construct  sewers  or  drains. . .  284  109 
power  to  appoint  board  public  works  and  name  chairman  285  109 
shall  give  notice  of  intention  to  levy  taxes,  naming  pur- 
pose    287  111 

power  to  pass  ordinance  over  mayor's  veto 295  113 

shall  appoint  presiding  officer 296  114 

power  to  determine  rate  of  city  tax 306  116 

power  to  equalize  assessment 312  118 

Councilmen,  when  shall  not  hold  office 110  52 

County,  compensation  to,  for  collection  of  city  taxes 311  118 

County  assessor,  shall  assess  city  property 304  116 

shall  make  statement  to  city  recorder 305  116 

compensation  of 311  118 

County  collector,  shall  collect  city  tax 308  117 

shall  give  bond  to  city 309  117 

shall  make  monthly  settlements  with  city  treasurer 310  118 

compensation  of 311  118 


D 


Disincorporate,  how  cities  may 266  96 

vote  necessary  to 267  96 

treasurer  of  county  custodian  of  records,  etc 268  97 

recording  and  publication  of  fact 268  97 

Disorderly  houses,  council  may  repress  or  restrain 101  49 

punish  keepers  of 101  49 


INDEX  TO  CHARTER  AMENDMENTS.  533 


8EO.  PAGE. 

Equalization,  powers  conferred  on  board  of 253  90 

board  may  require  statement  of  taxable  property 253  90 

may  summon  persons  to  testify ' 253  90 


Fines,  imposed  for  misdemeanors,  revert  to  city 108        51 

Fire  limits,  council  may  prescribe 97        48 

forbid  erection  of  wooden  buildings  in 97        48 


G 


Gambling  houses,  council  may  suppress 189  77 

Games  of  hazard,  prevent,  punish  or  prohibit 100  48 

I 

Imprisonment,  shall  be  in  city  or  county  jail 108  51 

J 

Justices,  jurisdiction  defined 93  47 

shall  have  exclusive  jurisdiction  in  cases  of  misdemean- 
ors under  ordinances 95  47 

shall  have  judicial  power 254  90 

exclusive  jurisdiction  in  cases  under  ordinances 254  90 

how  vacancy  shall  be  filled 254  90 

salary  to  be  fixed  by  ordinance 254  90 

L 

Lien,  assessments  for  improvements  on  real  estate  a 107  51 

amendment  constituting  taxes  levied  a 114  54 

Liquor  license,  sale  without  forbidden 127  61 

council  may  issue 128  61 

manner  of  procuring 128  61 

must  be  uniform  in  amount 129  62 

when  may  be  refused : 129  62 

money  to  be  paid  in  advance  —  ^ 130  62 

recorder  to  issue 130  62 


534  INDEX  TO  CHARTER  AMENDMENTS. 

8EO.  PAGE. 

Liquor,  penalty  for  selling  to  Indians  or  minors 131  63 

i            penalty  for  selling  on  Sunday 132  63 

penalty  for  permitting  gambling  where  sold 132  63 

penalty  for  permitting  dancing  where  sold 132  63 

married  women  may  recover  damages 133  64 

bond  to  be  evidence  in  suit  for  damages 134  64 

when  bills  cannot  be  sued  for 135  64 

penalty  for  selling  without  license 136  64 

when  suits  may  be  maintained 137  65 

how  penalty  may  be  enforced 138  65 

rights  of  municipal  corporations  not  impaired 139  65 

penalty  for  selling  on  election  day 140  66 

when  counsel  may  revoke  license 140  66 

physicians  must  certify  to  prescriptions 141  66 


M 


Mayor,  may  appoint  regular  and  special  police 145  68 

must  file  plat  showing  corporate  limits 262  94 

must  file  map  of  city  restricted  in  limits 265  95 

veto  power  bestowed  on 295  113 

shall  appoint  all  officers 297  114 

may  be  a  member  board  of  equalization 307  117 

Municipal  election,  manner  of  holding Ill  52 

when  held 300  115 

conflicting  acts  repealed 301  115 

O 

* 

Office,  city  assessor  and  collector  abolished 312  118 

Officers,  elective 242  87 

term  of,  two  years 243  87 

appointive,  shall  be  by  council 244  87 

term  of  office  of  appointive 245  88 

oath  and  bonds  of  elective 246  88 

oath  and  bonds  of  appointive 247  88 

required  to  deliver  property 248  89 

must  be  qualified  elector 249  89 

shall  not  be  interested  in  contract  work ...,, 250  89 

may  not  hold  any  other  city  office . . , 251  89 

compensation  of , 252  89 


INDEX  TO  CHARTER  AMENDMENTS. 


SEC.  PAGE. 

Plat,  owners  may  lay  out  and  plat  lands 289  111 

accurate  map  must  be  made  of 290  112 

must  be  acknowledged  and  filed  for  record 291  112 

when  filed,  a  dedication  of  streets,  etc 292  112 

penalty  for  selling  lot  before  plat  recorded 293  112 

President  of  council,  shall  be  selected  by  council  from  its  mem- 
bers..                                                                                .  296  114 


R 

Repeal,  of  conflicting  sections  of  charter 102  49 

of  conflicting  laws 299  114 

of  acts  in  conflict 313  119 

Right  of  way  for  canals,  manner  of  securing 121  57 

duty  of  appraisers 122  57 

how  title  passes  by  record 123  58 

compensation  of  appraisers 124  58 


Sinking  fund,  council  shall  provide 113  54 

Street  railroads,  penalty  for  failure  to  operate 275  98 

portion  of  streets  to  be  paved  by. 276  104 

must  keep  street  in  repair (276  104 

penalty  for  refusal  to  pave 277  105 


T 


Tax,  council  may  levy  to  pave  streets,  etc 90 

must  be  used  for  purpose  collected 90 

commissioners  shall  assess  amount  of 90 

recorder  shall  publish  notice  of  assessment 90 

excess  of  assessment  must  be  refunded 90 

when  rolls  returned  to  assessor  amended 116 

assessments  must  be  equal  and  uniform 279 

description  of  property  sufficient  notice 280 

cost  of  work  at  intersections  in  curbing,  etc.,  may  be  in- 
cluded in 281 

when  special  may  be  levied 282 

collector  to  give  notice  of  delinquency 283 

Title,  of  city  changed 92 


INDEX  TO  CITY  ORDINANCES. 


INDEX  TO  CITY  ORDINANCES, 


A 


SEC.  PAGE. 

Accrued  rights 2  123 

Animals,  impounded  must  be  registered 4  198 

manner  of  registering  impounded 4  198 

may  be  redeemed  by  owner 5  198 

sale  of  impounded 5  198 

proceeds  of  sale  of  impounded 6  198 

not  allowed  at  large 7  198 

appraisal  of  damage  by : 8  199 

appeal  from  appraisal  of  damage 8  199 

any  person  may  impound 9  199 

improperly  retaining 10  199 

taking  out  of  proper  custody 11  200 

maliciously  impounding 12  200 

food  and  ventilation  must  be  wholesome  and  sufficient ...  10  217 

how  may  transport  cattle 11  217 

cruelty  to 2  279 

killing,  maiming  or  poisoning 3  280 

driving  sheep  through  streets 3  280 

keeping  cows  or  swine : 5  280 

Appeal,  from  apportionment  of  water 9  240 

Appointments,  mayor  to  make,  by  and  with  consent  of  council . .  1  125 
Assessment  (see  tax). 

Assessor  and  collector,  may  appoint  deputies 24  130 

shall  list  and  assess  property  for  grading  streets 5  275 

make  plat  of  district  to  be  improved • 5  275 

list  property  to  be  assessed  for  sewers 6  370 

make  plat  to  accompany  list 6  370 

note  corrections  made  by  board  of  equalization 6  370 

give  public  notice  of  delinquency 7  371 

monthly  settlement  with  treasurer 9  372 

list  and  assess  property  for  sidewalk  tax 5  393 

make  plat  to  accompany  list 5  393 

give  notice  of  tax  delinquency 7  394 

pay  moneys  to  treasurer 9  395- 


-540  INDEX   TO   CITY   ORDINANCES. 

bK '.  PAGE. 

Assessor  and  collector  of  street  sprinkling  tax 3  408 

Assessor  and  collector  of  water  rates,  deputy 5  126 

Attorney,  duties  of 1  130 

-  shall  keep  a  record  and  docket 2  131 

shall  make  settlements 3  131 

shall  report  to  city  council 3  131 

may  appoint  assistant /    6  126 

Auctioneers,  must  procure  license  and  give  bond 10  251 

give  receipts  for  goods 11  251 

forbidden  to  make  obstructions 12  252 

Auditor,  duties  of 1  132 

to  make  report  quarterly 2  132 

may  appoint  deputy 7  127 

Awnings,  canvas,  how  constructed '. 23  402 

permanent,  how  constructed 24  403 

permanent,  building  inspector  to  approve 25  403 

penalty  for  violatioii ^ 27  404 


B 


Bathing  or  swimming,  except  in  bath-houses,  prohibited 8  281 

penalty  for  indecent  exposure 8  281 

Bicycle,  penalty  for  riding  without  gong  or  light 9  281 

on  certain  sidewalks  prohibited 10  282 

Billiard  or  pool  tables  must  have  license 14  252 

must  state  number  and  kind 15  253 

amount  of  license -  15  253 

not  to  be  used  on  Sunday 16  253 

Board  of  health,  how  composed 3  126 

shall  employ  clerk 9  127 

duties  and  powers  of 1  133 

shall  abate  nuisances , 1  133 

shall  take  measures  to  prevent  introduction  of  contagious 

or  infectious  diseases 1  133 

shall  keep  record  of  births,  deaths  and  burials 1  133 

burial  and  removal  permits  to  be  issued  by  health  com- 
missioner   1  133 

shall  report  to  city  council  quarterly 1  133 

may  order  connection  with  public  sewers 1  133 

may  condemn  or  abate  defective  plumbing 1  134 

may  alter  or  increase  plumbing  fixtures 1  134 

health  commissioner  to  be  executive  officer  of 2  134 

meetings  of 4  134 

special  meetings  may  be  called  by  mayor. 4  134 

record  to  be  kept  by  clerk 5  135 


INDEX    TO    CITY    ORDINANCES.  541 

SEC.  PAGE. 

Board  of  health,  accounts  to  be  approved  and  audited 5  135 

penalty  for  violation  of  ordinance 10  136 

rules  of ; 136 

health  commissioner  to  inspect  slaughter  houses 4  406 

Board  of  public  works,  how  and  when  appointed 2  125 

may  employ  clerk  and  inspectors 8  127 

qualifications  of  members 1  138 

duties  of  board 2  138 

to  superintend  all  contract  work 2  138 

to  supervise  and  prepare  specifications  for  sewer  work  and 

paving 3  139 

shall  advertise  for  bids 3  139 

shall  keep  "book  of  specifications" 3  139 

shall  keep  complete  record 3  139 

shall  keep  "  contract  book'' 4  140 

chairman  shall  keep  office  hours 4  140 

may  employ  inspectors 5  140 

must  keep  account  of  expenditures 5  140 

when  to  meet -. 6  140 

quorum  of .  6  141 

may  enforce  attendance  of  members 6  141 

temporary  chairman 7  141 

chairman  not  to  be  absent  without  permit 7  141 

duties  concerning  contracts  and  estimates 8  141 

to  supervise  all  excavations 9  142 

to  see  that  streets  are  not  obstructed 9  142 

may  call  on  chief  of  police  or  street  supervisor  for  aid  ....  10  142 

members  to  hold  no  other  office 11  143 

council  may  remove  members 12  143 

shall  keep  pavements  in  repair 13  143 

shall  require  contractors  to  clean  up  obstructions 14  144 

to  have  supervision  of  aprons  on  gutters  and  street  cross- 
ings    15  144 

shall  have  supervision  of  sidewalks 16  144 

shall  make  estimates  for  expenditures 17  145 

additional  duties  of 20  145 

shall  supervise  paving 28  423 

Boarding  house,  shall  not  keep  or  offer  deleterious  food  or  drink  4  215 

defined 13  252 

must  make  sworn  statement 13  252 

amount  of  license 13  252 

Bond  of  county  collector 7  160 

Bonds  of  city  officials 1  157 

attorney  to  approve  form  of 2  158 

conditions  of • 2  158 

sureties  on. . .  2  159 


.542  INDEX   TO   CITY   ORDINANCES. 

SEC.  PAGE. 

Bonds  of  city  officials,  approval  of 3  159 

who  not  accepted  on 19  145 

new    4  159 

custody  of 5  159 

blanks,  auditor  to  provide 6  159 

sureties  on  contractors  to  jjustify 18  145 

Bonds  issued  for  corporate  purposes. 

§500,000  to  increase  water  supply  and  for  other  purposes. .  146 

$500,000  for  permanent  improvements 149 

$200,000  for  permanent  improvements 151 

$600,000  for  permanent  improvements 154 

Bridges,  across  water  ditch  or  canal 13  241 

Buildings,  duties  of  inspector  of 1  161 

strength  and  safety  of  public 2  161 

unsafe  chimneys 2  161 

inspector  to  examine 3  161 

dangerous 7  162 

permits 8  163 

plans  to  be  approved  by  inspector  of  buildings 9  163 

plans  not  to  be  altered  without  permit 10  164 

power  of  inspector  to  prohibit  construction 11  164 

ordinary  repairs 12  164 

kind  of  buildings  allowed  in  fire  limits 15  165 

what  repairs  allowed 16  165 

roofs  of  wooden  buildings,  how  repaired 17  166 

wooden,  not  to  be  moved  into  fire  limits 18  166 

damaged  frame,  when  unlawful  to  repair 18  166 

.arbitrators! '....' 18  166 

.arbitrators,  compensation  of 18  166 

unsafe 19  166 

.cellar  excavations 20  167 

foundations 21  167 

walls,  table  for 22  168 

when  wall  must  be  increased 23  169 

height  of  stories 24  169 

heading  or  binding  course 25  170 

walls  for  trussed  roofs 26  170 

buttresses 27  170 

stone  facing,  how  backed 28  170 

party  walls,  rules  governing .  .  - 29  170 

.roof  and  floor  timbers 30  171 

recesses,  chases  or  flues 31  171 

lintels  and  arches 32  171 

party  walls  must  be  above  roof 33  172 

kind  of  mortar  to  be  used 34  172 

.brick  flues,  how  built 35  172 


INDEX   TO   CITY   ORDINANCES.  '543 

SEC.     PAGE. 

Buildings,  roof  and  floor  timbers 36  172 

headers,  trimmers  and  tail  beams 37  172 

timbers  not  to  be  cut  deeper  than  two  inches 38  173 

to  have  rough  floors 39  173 

cornices,  how  secured 40  173 

strength  of  floor 41  173 

when  building  may  be  altered 42  174 

furnaces 43  174 

flues  and  chimneys 44  174 

egress  in  case  of  fire 45  175 

fire  escapes 45  175 

stovepipes  not  allowed 46  176 

penalty,  for  violating  ordinance 47  176 

columns,  how  placed 48  176 

columns,  bearing  parts 49  176 

unlawful  to  use  defective  material 50  177 

chimneys  in  one-story  cottages 51  177 

rules  concerning  stoves 52  177 

factory  chimneys 53  177 

factory  chimneys,  to  have  spark  arrester 53  178 

furnace  chimneys 54  178 

penalty  for  violating  ordinance 55  178 

chimneys  shall  be  cleaned 14  205 

Canal,  authority  for  construction  of  Jordan  and  Salt  Lake  City  242 

title  and  location  of *. 242 

committee  to  supervise  construction  of 242 

how  interest  may  be  acquired  in 242 

council  may  appropriate  funds  for 242 

waters  of,  to  be  used  exclusively  in  city  limits 242 

Cemetery,  price  of  lots  in 3  388 

lots  exempt  from  taxation 3  388 

headboards  and  tombstones  must  be  erected 4  388 

fences  erected  by  direction  of  sexton 4  388 

title  must  first  be  pbtained 5  389 

permit  from  owner  necessary 5  389 

disinterment    • 5  389 

contagious  disease 5  389 

fees  of  sexton 6  389 

penalty  for  injuring  property 7  390 

burials  must  be  in 8  390 

body  of  murderer 8  390 

two  streets  in 9  390 

rate  of  speed  for  riding  or  driving 10  390 

penalty  for  violation 11  391 

Chimneys,  must  be  cleaned 14  205 

City  Council  (see  council). 


544-  INDEX   TO   CITY   ORDINANCES. 


SEC.  PAGE. 

City  Creek  Canon,  unlawful  to  fish  or  hunt  in 1  180 

destruction  of  trees  or  shrubbery  unlawful 2  180 

camping  in,  prohibited 3  180 

City  physician,  duties  of . .  3  134 

City  prison,  commitment  until  fine  paid 1  310 

court  may  order  prisoner  to  labor 2  310 

jailer  shall  adopt  rules  and  keep  record 3  310 

reduction  of  sentence  for  good  behavior 4  311 

amount  of  deductions 5  311 

proportion  deductions 6  311 

when  deductions  forfeited 7  311 

further  duties  of  jailer 8  312 

Coal,  what  constitutes  a  ton 14  510 

dealer  must  give  certificate  of  weight 15  511 

penalty  for  short  weight 16  511 

penalty  for  overcharge  for 17  511 

Combustibles,  quantity  of  petroleum  which  may  be  stored 5  202 

how  petroleum  to  be  kept 6  203 

storage  of  inflammables  . . .  ^. 7  203 

oils,  adulterating 8  204 

chemicals 9  204 

place  of  storage,  when  to  open 10  204 

coal  oil  for  kindling  fires  unlawful 11  205 

fire,  how  to  be  carried 12  205 

fireworks • 13  205 

penalty  for  violating  ordinance 15  205 

unlawful  to  store 22  212 

shall  be  removed 23  212 

penalty  for  failure  to  remove ' 23  212 

hay  or  straw  not  to  be  placed  within  sixty  feet  of  flue ....  24  213 

use  of  lighted  candle  near  hay  unlawful 25  213 

tar,  turpentine,  etc 26  214 

when  rubbish  may  be  burned 27  214 

penalty  for  violation „ 28  214 

Concealed  weapon,  penalty  for  carrying 14  283 

Council,  time  of  meeting 1  179 

adjourned  meetings 1  179 

special  meetings 2  179 

may  change  location  of  magazines , 1  201 

may  grant  permit  to  sell  gunpowder 2  201 

how  permit  obtained  3  202 

quantity  which  may  be  kept 3  202 

permit  storage  of  petroleum 5  202 

quantity  which  may  be  stored 5  202 

permit  storage  of  inflammables 7  203 

fix  compensation  of  fire  department 1  206 


INDEX    TO    CITY    ORDINANCES.  545 

SEC.  PAGE. 

Council,  permit  slaughtering  of  cattle 12  217" 

levy  assessment  to  grade  streets 1  273 

determine  character  and  extent  of  improvements 1  273 

hear  objections  to  making  improvements 1  273 

cause  publication  of  notice 2  274 

apportion  cost  of  improvement 3  274 

constituted  board  of  equalization 3  274 

order  levy  of  tax 3  274 

define  boundaries  of  district 4  275 

make  corrections  in  assessment 7  276 

may  require  special  report  from  supervisor 8  309 

may  construct  sewers  and  drains 1  368 

determine  extent  of  assessment 1  368 

give  notice  of  intention  to  construct  sewer 3  369 

form  of  notice  to  be  given 3  369 

constituted  board  of  equalization 4  369 

make  ordinance  levying  tax 5  370 

may  construct  or  repair  sidewalks 1  391 

hear  objections  to  improvement 1  391 

publish  notice  of  intention 2  392 

form  of  notice  to  be  published 2  392 

when  work  may  be  ordered  by 3  392 

make  ordinance  levying  tax 4  393 

board  of  equalization  appointed  from 6  394 

may  order  suspension  of  assessments 10  395 

refund  excess  of  taxation 11  396 

to  fill  vacancies  in  elective  office 1  483 

County  collector,  shall  give  bond  to  Salt  Lake  City 7  160 

mayor  and  council  to  approve  bond 7  160 


D 


Dance  house,  penalty  for  keeping 13  283 

Dead  animal,  penalty  for  failure  to  remove 10  298 

Deleterious  food,  keeping  or  offering  in  public  house  forbidden  4  215 

Discharging  firearms,  penalty  for 16  283 

without  breastwork,  forbidden 17  284 

Disturbance,  at  election,  penalty  for 21  285 

at  religious  meeting,  penalty  for 22  285 

Dogs,  to  be  registered 1  181 

annual  tax 1  181 

registered,  to  wear  collar  and  number 2  181 

impounding  of 3  182 

unclaimed,  how  disposed  of 3  182 

fees 3  182 

35 


546  INDEX   TO   CITY   ORDINANCES. 

• . 

SEC.  PAGE. 

Dogs,  how  released  from  pound 3  182 

female,  not  allowed  at  large  while  in  heat 4  182 

not  permitted  in  place  of  worship 5  182 

dangerous,  to  be  killed 6  183 

penalty  for  killing  registered 7  183 

Drugs,  unlawful  to  sell  on  streets 23  285 

must  be  labeled 24  285 


E 


Elections,  when  held 1  183 

officers  to  be  elected 1  183 

terms  of  office 1  183 

qualifications  of  officials 2  184 

qualifications  of  voters 2  184 

registry  lists,  registrar  to  procure 3  184 

registrar  shall  visit  dwellings 4  184 

oath  of  voter 4  184 

when  registrar  to  be  at  his  office 5  185 

voters  changing  place  of  abode 6  185 

registry  list  to  be  posted 7  185 

notice  of  election  to  be  given 8  185 

time  polls  open 8  185 

judges  of : 9  186 

books,  blanks  and  ballot  boxes 10  186 

ballot  boxes '. 11  187 

votes,  manner  of  registering 12  187 

voting,  manner  of 13  187 

votes,  judges  of  election  to  canvass < ,  15  188 

canvass,  how  conducted ....  16  188 

certificate  of  election 17  188 

canvassing  board 18  189 

how  result  declared 19  189 

tie,  how  decided 19  189 

how  ballots  disposed~of 20  189 

special 21  190 

Election,  penalty  for  inciting  disturbance  at 21  285 

Electric  Light,  Salt  Lake  Power,  Light  and  Heating  company. .  228 

contract  with  city  for  lighting  streets 228 

franchise  to  Salt  Lake  Power,  Light  and  Heating  company  1  236 
terms  of  grant  to  Salt  Lake  Power,  Light  and  Heating 

company " 1  236 

erection  of  poles  and  regulations 2  236 

laying  of  pipes  to  convey  steam 3  237 

company  responsible  for  damage 4  237 


INDEX   TO   CITY   ORDINANCES.  547 

SEC.  PAGE. 

Electric  light  poles 1  477 

wires 8  479 

wires  crossing  other  wires 9  479 

Electric  railroad  poles 1  477 

Engineer,  duties  of 1  191 

to  have  supervision  of  contract  work 1  191 

to  make  re-survey  of  city 2  191 

to  make  corrected  map 3  191 

field  notes,  maps  and  profiles 4  192 

to  fix  line  and  grade 5  192 

fees  of 6  193 

shall  collect  in  advance  in  certain  cases 7  193 

to  report  quarterly . . . : 8  193 

penalty  for  molesting 10  194 

maps  and  plats,  how  approved 11  194 

official  standard  of  measure 12  195 

means  of  fixing  the  standard 13  195 

instruments  to  be  adjusted 14  195 

penalty  for  failure  to  adjust 15  196 

custodian  of  instruments 16  196 

may  appoint  assistants 11  127 

shall  make  estimate  of  cost  of  sewers 2  368 

Estray  pound,  location  of 1  197 

additional 2  197 

mayor  may  appoint  pound-keeper 2  197 

all  animals  received  to  be  registered 4  198 

unclaimed  animals  to  be  sold  after  notice 5  198 

disposition  of  proceeds '6  198 

cattle  running  at  large  unlawful 7  198 

appraisal  of  damage,  how  made 8  199 

penalty  for  detaining  animals 10  199 

penalty  for  taking  animals  out  of  proper  custody 11  200 

animals,  maliciously  impounding 12  200 

Excavations  not  to  be  made  without  permit 8  413 

under  sidewalks 8  413 

guards  to  be  placed  around 9  413 

lights  to  be  placed  around 9  413 

cellar 20  167 

Exhibitions,  must  have  license 32  261 

license  may  issue  for  Sunday  evening  concerts 59  272 

Explosives,  location  of  magazines 1  201 

selling  without  permit  unlawful 2  201 

ho\v  permit  obtained 3  202 

quantity  to  be  kept 3  202 

stored  only  at  magazines 3  202 

cannot  be  handled  by  gaslight 3  202 


548  INDEX   TO   CITY   OEDINANCES. 

SEO.  PAGE. 

Explosives,  rules  concerning  sale  of 3 

caps,  how  kept 4 

chemicals 9 

fireworks,  permit  to  set  of 13 

penalties  for  violation 15 

F 

Fences,  not  to  be  made  of  barbed  wire 7  281 

Fire,  coals  to  be  carried  in  covered  vessels 12  205 

Fire  department,  how  constituted 1  206 

compensation  of  officers  and  men 1  206 

additional  men,  how  appointed 2  206 

qualifications  of  members 3  206 

duties  and  powers  of  chief • 4  206 

assistant  chiefs,  duties  of 5  207 

captain,  duties  of 6  207 

engineer,  qualifications  and  duties  of 7  208 

stoker,  duties  of 8  208 

permanent  men,  duties  of 9  208 

call  men,  duties  of 10  209 

substitutes  to  be  furnished 11  209 

members  not  to  exchange  or  loan  badges 11  209^ 

chief  may  suspend  or  dismiss  in  certain  cases 12  209 

conduct  at  fires 13  209 

damage  to  be  reported  to  chief 14  210 

drivers,  carelessness  of 15  21fr 

when  property  may  be  torn  down 16'  210' 

record  to  be  kept ...... 17  210 

chief  shall  make  reports 18  211 

right  of  way,  fire  companies  to  have 19  211 

interfering  with  firemen,  penalty  for , 19  211 

fire-alarm  boxes,  unlawful  to  interfere  with 20  211 

Fire  escapes , 45  175* 

Fire  hydrants,  rules  concerning 3  494 

penalty  for  injuring 4  495 

water  not  to  be  taken  from  without  authority 4  495 

horses  not  to  be  tied  to \ 4  495 

not  to  be  tampered  with 4  495 

not  to  be  obstructed 4  495 

wrenches,  to  whom  furnished 5  495 

penalty  for  violating  ordinance 5  495 

Fire  limits,  boundaries  established 21  211 

unlawful  to  store  combustibles  in 22  212 

chief  of  fire  department  shall    order  removal  of    com- 
bustibles from 23  212- 


INDEX   TO   CITY   ORDINANCES.  549 

8EO.  PAGE. 

Fire  limits,  penalty  for  violation 23  212 

Fireworks,  not  to  be  discharged  without  permit 13  205 

Food,  penalty  for  feeding  swine  on  unwholesome 34  288 

Food  and  liquor,  penalty  for  selling  unwholesome 33  288 

Fowls,  penalty  for  permitting  trespass  of 35  288 

Fresh  meat,  license  necessary  to  sell . 17  253 

form  of  application  for  license  to  sell 17  253 


G 


Gambling,  prohibited  where  liquor  sold 28  258 

penalty  for '. 37  289 

house  for,  keeper  of  defined 36  288 

Garbage,  two  districts  established 1  219 

district  No.  1  defined 2  219 

district  No.  2  defined : 3  219 

metallic  vessels  for  ashes 4  220 

receptacles  for  liquid  refuse 5  220 

vessels  for  residence  garbage  district 6  220 

mixture  not  allowed 7  221 

house  slops  and  rubbish 8  221 

gutters  to  be  kept  clean 9  221 

when  sidewalks  to  be  swept 10  221 

manure  accumulations  forbidden 11  221 

deposits  of  nightsoil  unlawful 12  221 

how  shall  be  moved 13  222 

dead  animals  to  be  covered  in  removal 13  222 

health  department  shall  direct  where  to  be  deposited 13  222 

expense  of  removal  of 14  222 

vaults  and  cesspools  in  district  No.  1  must  be  removed ...  15  222 

permit  necessary  to  empty  vault 16  222 

permit  necessary  for  hauling 17  223 

scavenger  wagon  to  be  marked 18  223 

penalty  for  spilling  on  streets 19  223 

fees  for  removing 20  223 

penalty  for  violation 21  224 

Gas,  approving  location  gas  company's  works 225 

terms  of  grant  to  Salt  Lake  City  Gas  Company 1  226 

prices  to  be  charged  for 1  226 

quality  of  gas  to  be  furnished 1  226 

no  obstruction  shall  be  laid  over  mains 2  226 

excavations,  company's  duties  concerning 3  226 

corporation  not  responsible  for  company's  negligence 4  227 

when  acceptance  to  be  made 5  227 

contract  with  city  for  lighting  streets 228 

Gasoline  (see  petroleum). 


550  INDEX   TO   CITY   ORDINANCES. 


SKC.     PAGE. 

Gunpowder,  selling  or  giving  away  without  permit  forbidden. . .       2      201 
quantity  which  may  be  kept  for  private  use 2      201 


H 

Hay,  stack  protected  from  sparks 24  213 

prohibited  within  sixty  feet  of  flue 24  213 

lighted  candle  prohibited  near 25  213 

when  may  be  burned 27  «214 

penalty  for  violation 28  214 

Health  commissioner,  to  issue  burial  permits 1  133 

to  be  executive  officer  of  board  of  health 2  134 

to  enforce  sanitary  ordinances 2  134 

may  command  assistance  of  police  force 2  134 

shall  abate  nuisances 15  299 

duty  and  power  of 19  301 

to  inspect  slaughter-houses 4  406 

Health  department,  shall  direct  where  garbage  deposited 13  222 

Hotels,  public  houses  classed 18  254 

amount  of  license  to  be  paid  for 18  254 

Houses,  to  be  numbered 19  418 

system  of  numbering 20  419 

district  numbering  of,  forbidden 24  421 

penalty  for  violating  ordinance 25  421 


••- 


I 


Inspector  of  buildings,  duties  of 1  161 

to  examine  buildings 3  161 

to  report  quarterly 3  161 

to  remove  or  abate  danger  from  fire 4  162 

penalty  for  obstructing 5  162 

power  of,  in  special  cases 6  162 

plans  to  be  approved  by 9  163 

power  to  prohibit  construction 11  164 

fees  of 13  164 

may  appoint  deputy 14  165 

may  order  removal  of  defective  material ' .  50  177 

Inspector  of  provisions,  shall  confiscate  putrid  meat,  etc 7  216 

shall  execute  orders  of  board  of  health •  1  313 

duties  defined 1  313 

Irrigation,  period  for  artificial 1  238 

apportionment  of  water 2  238 

watermaster  to  locate  ditches  and  keep  record 3  238 


INDEX   TO   CITY   ORDINANCES. 


SEC.  PAGE. 

Irrigation,  head-gates  and  branch  ditches 4  239 

to  guard  against  damage 5  239 

right  of  way  along  ditches 6  240 

care  of  surplus  water 7  240 

wrongful  diversion  of  water 8  240 

appeal  from  apportionment 9  240 

watermaster  shall  report  quarterly 10  241 

public  water  ditches  defined 11  241 

where  public  ditches  may  be  crossed 12  241 

bridges  or  flumes  to  be  constructed 13  241 


J 

Jailer,  to  be  appointed  by  mayor  with  consent  of  council 1  125 

may  appoint  assistant 14  128 

shall  adopt  rules  and  keep  record 3  310 

duties  prescribed 8  312 

L          .      '  . 

Licenses,  must  first  be  procured 1  249 

must  be  paid  in  advance 2  249 

application  to  be  made  to  mayor 3  249 

how  shall  be  issued 3  249 

record  to  be  kept  of , 3  249 

what  shall  contain 4  250 

assignment  by  permission  of  mayor 4  250 

when  rebate  may  be  allowed : 5  250 

evidence  of  liability  to  pay G  250 

quarterly  and  half-yearly 7  250 

when  may  be  given  free 8  251 

penalty  for  violation  of 9  251 

for  keeper  of  livery  stable .' 30  258 

statement  and  amount  of <. . .  30  258 

for  merchants,  retailers  and  bankers 31  259 

for  miscellaneous  business 32  261 

License  inspector 4  483 

Liquor  license,  for  manufacture  or  sale 19  254 

to  sell  at  wholesale  or  retail 20  254 

one  bar  only  permitted 20  254 

cellar  and  storage  conveniences 20  254 

application  for,  to  be  made  to  council 21  255 

petition  must  be  specific 21  255 

bond  required  for 21  255- 


T)52  INDEX   TO   CITY   OKDINANCES. 


SEC.  PAGH. 

Liquor  license,  specifications  of  bond  for 21  255 

term  for  which  issued 22  256 

certificate  from  recorder. 22  256 

classification  of  dealers 23  256 

amount  of,  to  be  paid 24  257 

for  bottling  and  casking 25  257 

Liquor,  penalty  for  selling  to  certain  persons 26  257 

penalty  for  selling  on  Sunday 27  258 

gambling  prohibited  where  liquor  sold 28  258 

sales  on  election  and  holidays  may  be  forbidden 29  258 

Livery  stable,  keeper  of  must  have  license 30  258 

must  make  statement 30  258 

amount  to  be  paid 30  258 

Lottery,  penalty  for  conducting 39  289, 


M 


Magazines,  location  for  erection  of 1  201 

material  with  which  to  build 1  201 

privilege  to  build  obtained  from  council 1  201 

Maps  and  plats,  how  approved 11  194  ' 

Markets,  no  unwholesome  food  to  be  kept  in 5  216 

stalls  must  be  kept  clean '. 6  216 

putrid  meat  to  be  confiscated 7  216 

unwholesome  milk,  butter  or  cheese 8  216 

Marshal,  appointed  by  mayor  with  consent  of  council 1  125 

may  appoint  deputies 15  128 

shall  attend  meetings  of  council 1  277 

execute  orders  of  mayor  or  council 1  277 

preserve  peace  and  good  order 1  277 

serve  process 1  277 

shall  designate  stands  for  vehicles ' 21  490 

Mayor,  shall  make  appointments  with  consent  of  council ...  1  125 

board  of  health  appointed  by 3  126 

is  chairman  of  board  of  health 3  126 

sanitary  inspector  appointed  by 3  126 

police  appointed  by 4  126 

special  police  appointed  by,  for  ten  days 4  126 

special  police  not  to  be  reappointed  except  by  consent  of 

council 4  126 , 

to  report  appointments  to  council 4  126 

may  appoint  desk  sergeants 10  127 

may  call  special  meetings  of  board  of  health 4  134 

may  appoint  additional  pound-keeper 2  197 

authorized  to  sign   agreement  with  owners  of   Parley's 

Canon  creek 1  244 


INDEX   TO   CITY   ORDINANCES.  553 

3EC.  PAGE. 

Mayor,  application  for  license  to  be  made  to 3  249 

may  forbid  sale  of  liquor  on  election  and  holidays 29  258 

may  grant  license  to  lay  sewer  pipe 58  272 

oath  of 1  278 

shall  devote  time  to  duties 1  278 

shall  sign  licenses  and  deeds 2  278 

may  offer  reward 3  278 

shall  superintend  public  works 4  278 

may  remit  fines  and  grant  pardons 5  279 

shall  report  quarterly 6  279 

Merchants,  retailers  and  bankers,  must  procure  license 31  259 

statement  must  be  made 31  259 

amount  to  be  paid  by 31  259 

Milk,  permit  from  health  department  necessary  to  sell 13  218 

quality  of 14  218 

wagons  must  be  marked 15  218 

penalty  for  violation 16  218 

Miscellaneous  business,  amount  of  license 32  261 

Misdemeanor  to  neglect  or  refuse  to  comply  with  order  of  board 

of  health 1  134 

to  neglect  or  refuse  to  adjust  surveying  instrument 15  196 

to  place  hay  or  straw  within  sixty  feet  of  any  chimney . .  24  213 

to  burn  rubbish  in  open  air  except  between  stated  hours  27  214 

to  use  abusive  language 1  279 

to  cruelly  treat  animals' ,. 2  279 

to  kill,  maim  or  poison  animals 3  280 

to  drive  sheep  through  streets 4  .  280 

to  keep  more  than  two  cows 5  280 

to  keep  swine  in  certain  limits 5  280 

to  commit  assault  and  battery 6  281 

to  erect  barbed  wire  fences 7  281 

to  publicly  bathe » .\  8  281 

to  ride  bicycle  without  gong 9  281 

to  ride  bicycle  without  lantern  between  certain  hours ....  9  281 

to  ride  bicycle  on  certain  streets 10  282 

to  build  bonfires  on  asphalt  pavement 11  282 

to  coast  on  public  street 12  .  282 

to  keep  dance  house 13  283 

to  carry  dangerous  and  concealed  weapon 14  283 

to  deface  or  destroy  property 15  283 

to  discharge  gun  or  pistol 16  283 

to  discharge  fire-arms  without  breastwork 17  284 

to  discharge  air-gun  or  flipper 18  284 

to  keep  disorderly  house 19  284 

to  commit  disturbance  of  peace 20  284 

to  incite  disturbance  at  election . .  21  285 


554  INDEX   TO  CITY   ORDINANCES. 

SEC.  PAGE. 

Misdemeanor  to  disturb  religious  meeting 22  285 

to  sell  or  give  away  drugs  on  the  streets 23  285 

to  be  found  drunk  in  public  place 25  285 

to  entice  minor  from  guardian 26  286 

to  aid  or  abet  escape  of  prisoner 28  286 

to  take  weapon  or  tools  to  prisoner 29  286 

to  obtain  goods  on  false  pretense 30  287 

to  employ  female  in  saloon 31  287 

to  engage  in  fighting 32  287 

to  sell  unwholesome  food  and  liquor 33  288 

to  feed  swine  unwholesome  food 34  288 

to  permit  fowls  to  trespass 35  288 

to  keep  gambling  house 36  288 

to  gamble 37  289 

to  interfere  with  officer 38  289 

to  conduct  lottery 39  289 

to  exhibit  or  sell  obscene  literature 40  290 

obscene  conduct 40  290 

to  maintain  opium  dens : 41  290 

to  visit  opium  dens 41  290 

to  personate  an  officer 42  291 

petit  larceny 43  291 

to  post  bills  without  permission ; . . . .  44  291 

to  deface  posted  ordinances 45  291 

to  indulge  in  profanity 46  291 

to  advertise  vocation  of  prostitute 47  292 

to  keep  or  rent  house  for  prostitution •. 48  292 

reckless  driving ; .  . .  50  293 

excessive  speed  of  vehicles 51  293 

excessive  speed  of  street  cars 52  293 

incite  riot 53  294 

refusal  to  assist  in  supressing  riot 54  294 

smoke  from  chimneys 55  294 

trespass 56  295 

vagrancy * 57  295 

to  neglect  to  build  fence  and  plank  walk  around  building 

under  construction 11  414 

to  distribute  circulars  or  handbills  on  certain  streets 13  414 

to  injure  fire  hydrant 4  495 

to  attempt  to  draw  water  from  fire  hydrant 4  495 

to  fasten  horse  to  fire  hydrant 4  495 

to  obstruct  fire  hydrant 4  495 


INDEX   TO   CITY   OKDINANCES.  555 


SEC.  PAGE. 

Natural  gas,  franchise  to  American  Natural  Gas  Company . 1  231 

terms  of  grant  to  American  Natural  Gas  Company 1  231 

price  at  which  gas  shall  be  furnished 1  231 

laying  of  mains  and  regulations 1  231 

city  not  liable  for  damage 2  232 

when  grant  shall  be  void 3  232 

when  ordinance  takes  effect , . . .  5  233 

New  American  Gas  and  Fuel  Company 1  233 

terms  of  grant  to  New  American  Gas  and  Fuel  Company,  1  233 

laying  of  mains  and  regulations 1  233 

price  at  which  gas  shall  be  furnished 1  233 

city  not  liable  for  damages 2  234 

when  grant  shall  be  void 3  234 

approved  system  and  quality  of  pipe  required 4  235 

mains  to  be  approved  by  engineer 4  235 

company  to  pay  royalty 5  235 

forfeiture  of  franchise,  when  worked 6  235 

acceptance  revokes  other  grants 7  235 

when  ordinance  takes  effect 8  236 

Nuisances,    unclean    slaughter-house,    market    or    meat  shop, 

deemed 1  296 

unclean  drain  or  garbage  receptacle 2  296 

vegetable  waste 3  296 

stable  where  manure  accumulates 4  297 

dirt,  waste,  rags,  casks 5  297 

bone  crushing,  glue  factory 6  297 

soap  or  oil  factory,  laundry 7  298 

offensive  liquid  or  refuse 8  298 

brewery,  tannery,  barn,  when  become 9  298 

dead  animals 10  '  298 

unsound  food  or  offensive  matter 11  298 

putrid  fat,  waste  paper,  old  clothes 12  299 

detrimental  to  health 13  299 

police  to  report 14  299 

health  commissioner  to  abate 15  299 

penalty  for  violation 16  300 

author  of  defined 17  300 

notice  to  abate 18  300 

duty  and  power  of  health  commissioner 19  301 

loafing  on  sidewalk  a 30  404 

neglecting  to  remove  snow  from  sidewalk  a 31  405 


-556  INDEX   TO   CITY   ORDINANCES. 


O 


SEC.  PAGE. 

Obscene  conduct,  penalty  for , 40  290 

Obscene  literature,  penalty  for  sale  or  exhibit 40  290 

Officers,  appointive 1  125 

how  and  when  appointed 1  125 

term  of  office 1  125 

Offices,  to  be  filled  by  mayor,  with  consent  of  council 1  125 

•  Ordinances,  how  construed 1  123 

meaning  of  words 3  123 

charter  provisions 4  124 

penalty  for  violating ..v 5  124 

who  liable 6  124 

implied  powers 7  124 

meaning  of  word  "street" 8  124 

when  in  effect 9  124 


P 


Park  commissioners,  how  appointed 1  302 

duties  of  board 2—302 

oath  of 2  302 

shall  report  quarterly 3  303 

salaries  fixed  by  council 4  303 

Parley's  Canon  creek,  mayor  authorized  to  sign  agreement  with 

owners  of 1  244 

stipulations  of  agreement 1  244 

Paving,  board  of  public  works  to  prepare  specifications  for 3  139 

board  of  public  works  shall  make  repairs 13  143 

notice  to  be  given 27  422 

levying  tax  for 29  423 

manner  of  assessment  for 30  424 

notice  to  be  published  when  tax  delinquent 32  425 

when  tax  becomes  delinquent 34  425 

water,  sewer    and    gas    connections  to  be  made  before 

paving 48  430 

districts 49  431 

Pawnbroker,  defined 35  264 

must  obtain  license 36  264 

must  have  good  character 37  265 

what  license  shall  state 38  265 

bond  and  amount  of  license 39  265 

how  license  assigned 40  266 

shall  keep  a  descriptive  book 41  266 


INDEX    TO   CITY   ORDINANCES.  557 

SEC.  PAGE. 

Pawnbroker,  must  report  to  chief  of  police 42  266 

not  to  deal  with  certain  persons 43  267 

penalty  for  violation _. 44  267 

Peddlers  and  hawkers,  must  obtain  license 45  267 

district  wherein  peddling  forbidden 45  267 

amount  of  license  for 46  268 

carts  must  be  numbered 47  268 

Petroleum,  quantity  which  may  be  stored  in  the  city  limits 5  202 

must  be  kept  in  metal  cans 5  202 

in  what  buildings  may  be  kept 5  202  • 

fire  test  necessary 6  203 

permit  for  storage  necessary v 6  203 

council  shall  approve  location  of  building 7  203 

building  must  have  painted  sign 7  203 

penalty  for  adulteration 8  204 

when  place  of  storage  may  be  opened 10  204 

no  light  to  be  carried  where  stored 10  204 

shall  not  be  used  for  kindling  fires 11  205- 

penalty  for  violation 15  205 

Physician,  city,  shall  visit  and  prescribe  for  city  prisoners  and 

city  poor 3  134 

Plumbers,  must  obtain  license 48  269 

amount  of  license  and  bond 49  269 

must  have  permit 50  269 

kind  of  fixtures  must  use 51  269 

penalty  for  violation 52  270 

Police,  how  appointed 4  126 

shall  report  nuisances 14  299 

chief  shall  keep  register  of  arrests 1  304 

powers  and  duties  of  chief 2  304 

council  and  chief  to  make  rules  governing 3  305  • 

oath  and  duties  of 4  305 

uniforms  and  badges  while  on  duty 5  305 

full  dress  of  officers  described 6  305 

badges  and  stars 7  306 

hat  to  be  worn 8  306 

uniforms  must  be  approved 9  306 

Police  justice,  council  may  designate 16  128 

where  transact  business,  council  to  designate 16  128  • 

council  may  remove  at  pleasure 16  128 

may  appoint  clerk 17  128 

Poll  tax,  who  liable  to  pay 1  307 

how  shall  be  used 2  307 

list  of  taxpayers,  how  made 3  307 

notice  to  work  to  be  given 4  308 

delinquent  tax,  how  payable 5  308  • 


058  INDEX    TO   CITY    ORDINANCES. 

SEC.  PAGE. 

Pound-keeper,  mayor  may  appoint  additional 2  197 

duties  and  compensation  of  additional  same  as 2  197 

shall  receive  and  care  for  all  animals 3  197 

provide  necessary  forage  for  animals 3  197 

use  due  diligence  to  find  owners 3  197 

notify  owner  if  found 3  197 

receive  and  file  all  bills  of  damage 3  197 

shall  not  deliver  animal  until  costs  settled 3  197 

fees  of 13  200 

shall  keep  accurate  account 14  200 

make  quarterly  report  to  council '. 14  200 

pay  over  funds  to  treasurer 14  200 

Procedure,  to  conform  to  act  of  legislature 1  312 

Property,  penalty  for  defacing  or  destroying 15  283 

Prostitution,  penalty  for  advertising  vocation 47  292 

keeping  or  renting  house  for 48  292 

defense  of  landlord :    ....  49  292 

Public  lands,  Union  Square  donated  to  University  of  Deseret...  314 

donation  of  site  for  Capitol  building 315 

donation  of  site  for  Territorial  Fair  buildings 317 

reserving  and  dedicating  for  public  use 318 

R 

Railroads,  shall  repair  sewers  and  street  crossings 1  321 

construct  arches  and  bridges 2  321 

tracks  shall  conform  to  grades 2  321 

shall  remove  gravel  from  public  place 2  321 

must  plank  between  rails 2  321 

obstructions  and  impediments 3  322 

crossing  other  tracks 4  322 

tracks  to  be  laid  in  center  of  streets 5  323 

rate  of  speed  permitted 5  323 

continuous  ringing  of  bell 5  323 

travel  must  not  be  obstructed 5  323 

penalty  for  violation 5  323 

rights  reserved  to  city 6  323 

Railroad  ordinances,  Rio  Grande  Western  Railway  company ...  1  324 

Saltair  Railway  company 329 

Franchise  to  T.  P.  Murray 356 

Railroad  resolutions,  Saltair  Railway  company 326 

Saltair  Railway  company 329 

Salt  Lake  and  Fort  Douglas  Railway  company 332 

Salt  Lake  and  Fort  Douglas  Railway  company 338 

Salt  Lake  and  Fort  Douglas  Railway  company 343 


INDEX    TO   CITY   ORDINANCES.  559 

SEC.  PAGE. 

Railroad  Resolutions,  Utah  Western  Railway  company 348 

Great  Salt  Lake  and  Hot  Springs  Railway  company 352 

Rebate,  when  council  may  allow  in  license 5  250 

Recorder,  may  appoint  deputy 18  129 

may  appoint  clerk 18  129 

may  appoint  typewriter 18  129 

may  appoint  deputy  dog  tax  collector .' 18  129 

shall  certify  order  for  tax  levy 5  275 

shall  publish  notice  of  improvement 6  276 

shall  keep  records  and  seal 1  .  360 

pay  all  moneys  to  treasurer 2  360 

power  to  administer  oaths 2  360 

deliver  property  to  successor 2  360 

make  annual  report  to  mayor 1  361 

report  to  council  objections  to  sewer  extension 4  369 

Reports,  all  officers  shall  report  annually  to  mayor 1  361 

Restaurant,  keeper  must  procure  license 53  270 

amount  to  be  paid  for  license 53  270 

sale  of  liquors  not  included 53  270 

Riot,  what  constitutes 53  294 

penalty  for  engaging  in 53  294 

assistance  in  suppressing , . . .  54  294 


S 


Salaries,  city  officers  and  employes 1  362 

to  be  paid  monthly 2  365 

Saloons,  penalty  for  employing  females  in. 31  287 

Sanitary  inspector,  duties  of 6  135 

shall  make  daily  inspection  and  reports 7  135 

shall  report  nuisance  to  health  commissioner 8  136 

Scales,  license  for  private  hay 3  508 

Scavenger,  wagon  used  must  be  lettered  and  numbered 18  223 

Seal  of  Salt  Lake  City 1  365 

Sealer  of  weights  and  measures,  appointed  by  mayor  with  con- 
sent of  council 1  125 

may  appoint  deputy 19  129 

duties  of 1  366 

shall  keep  register 2  366 

seize  false  weights  and  measures 2  366 

make  report  to  auditor 2  366 

fees  of 4  367 

extra  compensation,  lien  on  article 5  367 

Second-hand  dealer,  defined 54  271 

must  have  license . .  54  271 


560  INDEX   TO   CITY   ORDINANCES. 

SKO.  PAGE. 

Second-hand  dealer,  amount  of  license  of 55  271 

shall  not  purchase  from  minor 56  271 

books  which  must  be  kept  by 57  271 

Sewers,  council  may  levy  assessment  to  construct 1  273 

determine  character  and  location  of 1  273 

hear  objections  to  construction  of .f 1  273 

notice  must  be  published 2  274 

form  of  notice .» 2  274 

council  may  deem  expedient  to  construct 1  368 

determine  extent  of  assessment  for 1  368 

engineer  make  estimate  of  cost •  2  368 

when  tax  due  for 6  371 

public  notice  of  delinquency 7  371 

how  assessment  collected 8  371 

district  No.  1,  boundaries  of 10  372 

district  No.  2,  boundaries  of 11  372 

district  No.  3,  boundaries  of 12  373 

district  No.  4,  boundaries  of 13  373 

district  No.  5,  boundaries  of 14  373 

district  No.  6,  boundaries  of 15  374 

superintendent  of 16  374 

injury  to,  discharge  nightsoil  in 17  374 

manhole  covers  to  be  locked 18  374 

permits  to  construct  drains 19  375 

applications,  for  permits — plans 20  375 

certain  connections  with  drains  prohibited 21  375 

distance  within  which  pipes  may  be  laid 22  376 

character  of  drain  pipe  and  fittings 23  376 

depth  of  earth  on  pipes i 24  376 

excavations  in  public  streets 25  377 

when  excavations  may  remain  open 25  377 

barricades  must  be  erected 25  377 

owner  must  repair  settlement  in  surface  ground 26  377 

assessment  must  be  paid 27  377 

excess  refunded  to  owner 27  377 

plan  of  private  drain  must  be  approved 28  378 

right  of  entry  for  inspection 28  378 

notice  to  be  given  to  engineer 29  378 

work  done  without  inspection  defective 29  378 

how  junction  pieces  to  be  set, 30  379 

inside  of  drain 31  379 

no  work  covered  until  inspected 32  380 

permits  may  be  revoked 33  380 

when  permits  will  be  issued 34  380 

rules  for  house  drainage  and  plumbing 35  380- 

barry  cleanouts 36  385 


INDEX   TO   CITY   ORDINANCES.  561 

SEC.  PAGE. 

Sewers,  exhaust  from  steam  engine. 37  386 

final  inspection  and  approval 38  386 

penalty  for  violation 39  386 

Sewer  pipes,  mechanic  may  be  licensed  to  lay 58  271 

Sexton,  appointed  by  mayor  with  consent  of  council 1  125 

may  appoint  deputy 20  129 

registrar  of  deaths 1  387 

keep  record  of  all  burials 1  387 

have  charge  of  cemetery  and  make  improvements 2  388 

empowered  to  sell  lots 3  388 

direct  fencing  and  grading 4  388 

compensation  of 6  389 

Sidewalks,  under  control  of  board  of  public  works 16  144 

.   contractors  shall  remove  all  obstructions ,  14  144 

when  must  be  swept 10  221 

estimate  of  cost  for  improving 1  391 

council  may  construct  or  repair 1  391 

define   boundaries  of  district 1  391 

hear  protests  to  improving 1  391 

notice  of  intention  to  make  improvement  to  be  published  2  392 

when  improvement  to  be  made 3  392 

levying  tax  for 4  393 

listing  and  assessing  property 5  393 

board  of  equalization  and  review 6  394 

delinquent  tax,  notice  of 7  394 

when  delinquent 7  394 

how  assessment  collected : 8  395 

suspension  of  assessment  for. .    10  395 

excess  of  tax  to  be  refunded 11  396 

sidewalk  districts 12  397 

openings  in 13  399 

cellarways  or  areas  not  to  be  constructed  under  sidewalk 

without  permit 14  399 

bond  to  be  given 14  399 

cellarways,  size  of 15  399 

cellarways,  protection  of 15  399 

coal  holes,  manner  of  covering 16  400 

gratings  in 17  400 

cellarways  not  to  be  left  open 18  400 

repairs  of  cellar  doors 19  401 

penalty  for  failure  to  repair  cellar  door 19  401 

obstructions  to  be  removed  from 20  401 

penalty  for  violation  of  ordinance; 20  402 

driving  on,  penalty  for 21  402 

games  on  forbidden — penalty 22  402 

provisions  for  canvas  awnings , 23  402 

36 


562  INDEX   TO   CITY   ORDINANCES. 

SEO.     PAGE. 

Sidewalks,  permanent  awnings 24  403 

building  inspector  to  approve  awnings 25  403 

signs  on,  forbidden 26  403 

limit  of  bay  window  on 26  403 

penalty  for  violation 27  404 

carriage  steps  or  platforms '. 28  404 

weeds  to  be  removed  from 29  404 

loafing  on,  forbidden 30  404 

snow  to  be  removed  from 31  404 

Slaughter-houses,  prohibited  within  certain  limits 1  406 

record  of  animals  to  be  kept 2  406 

must  be  kept  clean 3  406 

health  commissioner  to  inspect 4  406 

penalty  for  violating  ordinance 5  .    407 

Slaughtering,  in  city,  only  with  consent  of  council 12  217 

Sprinklers  for  lawns 15  498 

Sprinkling  districts 15  498 

Sprinkling  wagons 16  499 

Streets,  contract  for  lighting 228 

council  may  levy  assessment  to  grade 1  273 

determine  character  of  improvements  of 1  "273 

hear  objections  to  improvement  of 1  273 

notice  must  be  published 2  274 

form  of  notice 2  274 

games  on,  forbidden 22  402 

sprinkling  of 1  407 

names  of 16  416 

paving  of 26  421 

notice  of  paving  or  improving 27  422 

tax  for  paving 29  423 

contractors  shall  clean  up 14  144 

supervisor  to  repair 4  411. 

unlawful  to  break  or  dig  up  without  permit 6  412 

penalty  for  failure  to  restore 7  412 

not  to  excavate  without  permit 8  413 

building  material  not  to  be  placed  on  without  permit 10  413 

board  fence  and  plank  walk  shall  be  placed  around  build- 
ings under  construction 11  414 

stones,  manure  or  garbage  not  to  be  dropped  or  thrown  in  12  415 

handbills  not  to  be  thrown  in 13  415 

hitching  posts  in 14  415 

teams  not  to  be  left  loose  in 15  416 

curbing  and  guttering 37  426 

notice  of  intention  to  make  improvement  in 38  426 

board  of  public  works  to  supervise  improvements  in 39  427 

levying  tax  for  improvement  of _ 40  428 


INDEX  TO  CITY  ORDINANCES.  563 

SEC.  f  AGEj 

Streets,  assessor  and  collector  to  list  and  assess  property  for  im- 
provement    41  428 

equalization  of  assessment  for  improvement 42  428 

notice  to  be  given  when  tax  becomes  delinquent 43  429 

manner  of  collecting  tax 44  429 

curbing  and  guttering,  when  tax  becomes  delinquent  for. .  45  430 

not  to  be  used  for  sales  or  exhibitions  2  507 

penalty  for  violation  of  ordinance 2  507 

Street  railway,  franchise  to  Salt  Lake  City  Railroad  company ...  1  434 

franchise  to  Salt  Lake  City  Railroad  company 1  439 

franchise  to  Salt  Lake  City  Railroad  company 1  440 

franchise  to  Salt  Lake  City  Railroad  company 1  443 

franchise  to  L.  C.  Hamilton 1  445 

franchise  to  Salt  Lake  City  Railroad  company 1  449 

franchise  to  Salt  Lake  City  Railroad  company 1  450 

franchise  to  Salt  Lake  City  Railroad  company 1  453 

franchise  to  Salt  Lake  Rapid  Transit  company 1  455 

franchise  to  Salt  Lake  Rapid  Transit  company 1  459 

franchise  to  Salt  Lake  Rapid  Transit  company 1  462 

franchise  to  C.  E.  Wantland  et  al 1  465 

franchise  to  Popperton  Place  and   Fort   Douglas  Rapid 

Transit  company 1  467 

franchise  to  West  Side  Rapid  Transit  company 1  470 

Street  sprinkling,  notice  to  be  published 1  407 , 

to  be  under  direction  of  supervisor  of  streets 2  408 

tax  shall  constitute  a  lien , 4  408 

District  No.  1,  boundaries  of 5  408 

District  No.  2,  boundaries  of 6  410 

Sunday  evening  concerts,  license  may  issue  for 59  272 

Sundry  expense  fund 1  475 

Superintendent  of  waterworks,  duties  of 2  494 

Supervisor  of  streets,  shall  direct  performance  of  labor  tax 2  •    307 

shall  list  names  of  persons  liable  to  poll  tax 3  307 

cite  persons  to  perform  labor  tax 4  308 

collect  deliquent  tax  by  suit 5  308 

pay  moneys  to  treasurer 6  308 

make  annual  report  to  council 7  309 

penalty  for  failure  to  report 8  309 

duties  of 1  411 

may  appoint  foremen 21  129 

shall  report  quarterly 2  411 

additional  duties  of 3  411 

Sureties,  on  contractor's  bond  to  justify 18  145 

who  not  accepted  as 19  145 


564  INDEX  TO  CITY  ORDINANCES. 


T 

SEC.  PAGE. 

Taverns  (see  hotels). 

Tax,  assessment  and  collection  of 1  513 

council  may  levy  to  grade  streets,  etc 1  273 

objections  to 1  273 

notice  of  intention  to  be  published 2  274 

form  of  notice 2  274 

council  to  apportion  and  assess  cost 3  274 

order  levying 4  275 

assessor  shall  list  and  assess  property 5  275 

make  plat  and  locate  improvement 5  275 

list  and  plat  open  to  inspection 5  275 

recorder  must  publish  notice 6  276 

council  to  confirm 7  276 

when  due 7  276 

to  be  collected  as  other  taxes 8  276 

disposition  of  money  collected  from 9  277 

levy  to  construct  or  repair  sewers 1  368 

notice  of  intention  to  be  given 3  369 

form  of  notice 3  369 

objections  to  improvement 4  369 

ordinance  levying 5  370 

assessor  shall  list  and  assess  property 6  370 

when  due  and  payable 6  370 

levy  to  pave  or  repair  streets 26  421 

estimate  of  cost  to  be  made 26  421 

objections  to  improvement 26  421 

notice  of  intention  to  be  given 27  422 

form  of  notice 27  422 

ordinance  levying 29  423 

plat  and  locate  improvement 30  424 

board  of  equalization 31  424 

assessor  to  publish  notice  of  delinquency 32  425 

personal  notice  to  be  given  taxpayer 33  425 

when  delinquent 34  425 

Taxation,  for  municipal  purposes 1  476 

Telegraph,  telephone  and  electric  wires  and  poles 1  477 

poles  not  to  be  erected  without  permit 1  477 

application  to  erect 2  477 

when  permit  not  to  issue 3  477 

unlawful  to  erect  in  certain  places 4  478 

party  erecting  to  give  bond 5  478 

street  supervisor  to  direct  construction 6  478 

height  and  size  of 7  478 


INDEX    TO   CITY   OBDINANCES.  565 

SEC.  PAGE. 

Telegraph,  telephone  and  electric  wires  and  poles,  poles  to  be 

peeled  and  painted :    10  480 

city  may  use 11  480 

penalty  for  violation  of  ordinance 12  481 

not  to  be  placed  near  water  pipes 21  500 

Telephone  poles,  (see  telegraph  poles) 1  477 

Treasurer,  may  appoint  deputy 22  129 

may  appoint  license  inspector 22  129 

custodian  of  city  funds 1  482 

shall  report  semi-annually 1  482 

deputy 3  482 

Trespass,  penalty  for 56  295 


U 


Unwholesome  food,  sale  of  prohibited 1  215 

when  calf,  pig  or  lamb  fit  for  slaughter 2  215 

diseased  cattle  for  food 3  215 

deleterious  food  or  drink 4  215 

no  putrid  meat,  fish  or  fowl  to  be  sold 5  216 

stalls  must  be  kept  clean 6  216 

putrid  meat  to  be  confiscated 7  216 

milk,  butter  and  cheese  kept  for  sale 8  216 

V 

Vacancies,  in  elective  office,  council  to  fill 1  483 

Vagrancy,  what  constitutes 57  295 

penalty  for 57  295 

Vehicles,  license  for  passenger  and  other 33  263 

drays  must  be  numbered 34  264 

regulating  speed  of 51  293 

passenger  carriers  must  be  licensed I  484 

stands  for 2  484 

driver  to  remain  near 3  484 

fraud  prohibited 4  485 

drivers  not  to  enter  depot  or  car 5  485 

disorderly  conduct 6  485 

must  keep  on  stand 7  486 

speed  allowed 8  486 

must  keep  to  the  right  in  passing 8  486 

must  be  numbered 9  486 

must  have  lamps 10  487 

doors  must  have  handle  inside 10  487 

fares . .  11  487 


566  INDEX   TO   CITY   ORDINANCES. 


FEC.  PAGE. 

Vehicles,  rate  where  no  agreement 12  488 

baggage  carried  by 13  488 

rates  to  be  posted  in 14  488 

excessive  fare,  penalty  for  taking 15  489 

advance  fare  may  be  demanded 16  489 

refusing  to  convey  passenger,  penalty  for 1-7  489 

driver  must  give  number  and  owner 18  489 

false  representations,  penalty  for 19  489 

refusal  to  pay  fare,  penalty  for 20  490 

stands,  city  marshal  shall  designate 21  490 

stand  for  hotel-runner 22  490 

penalty  for  violating  ordinance 23  490 

W 

Wards,  division  and  number  of 1  491 

First  municipal  ward,  boundaries  of 2  491 

Second  municipal  ward,  boundaries  of 3  492 

Third  municipal  ward,  boundaries  of 4  492 

Fourth  municipal  ward,  boundaries  of 5  492 

Fifth  municipal  ward,  boundaries  of 6  493 

Water,  vegetable  substance  not  allowed  in  pipe 9  217 

period  of  artificial  irrigation 1  238 

shall  be  apportioned  by  watermaster 2  238 

ditches  located  by  watermaster 3  238 

substantial  gate  must  be  constructed 4  239 

conveyance  across  lands 5  239 

liability  for  negligence "  5  239 

right  of  way  along  ditches 6  240 

conduct  of  surplus 7  240 

appeal  from  apportionment  of -. 9  240 

penalty  for  wrongful  diversion 8  241 

public  ditches  defined 11  241 

where  public  ditches  may  be  crossed 12  241 

bridges  and  flumes  to  be  constructed 13  241 

penalty  for  violation 14  241 

agreement  to  acquire  rights  in  Parley's  cafion  creek 1  244 

stipulations  of  agreement  for  exchange  of 1  245 

city  to  maintain  rights  and  make  repairs 1  246 

when  rights  shall  revert 1  246 

when  agreement  becomes  void 1  247 

provision  for  board  of  appeal 1  247 

vacancy  in  board  of  appeal 1  248 

Watermaster,  may  appoint  foremen 23  129 

shall  apportion  waters  of  city 2  238 


INDEX   TO   CITY   ORDINANCES.  567 

SEC.  PAGE. 

Water-master,  issue  certificates  specifying  time  of  use 2  238 

locate,  construct  and  repair  water  courses 3  238 

keep  record  of  location  of  gates,  etc  . ._ 3  238 

record  ownership  of  streams  3  238 

direct  construction  of  branch  gates  4  239 

shall  report  to  council  quarterly 10  241 

Waterworks,  assessment  to  lay  pipes  or  mains 1  273 

objections  to  extension .' 1  273 

notice  to  be  published 2  274 

form  of  notice 2  274 

under  control  of  council 1  494 

rules  relating^  to  water  supply 6  495 

stop-cock  and  key  box 7  496 

quality  of  service  pipe 8  496 

permit  to  extend  service  pipe 8  496 

fee  for  permit 8  496 

taker  only  to  use  water 9  496 

pipes  to  be  kept  in  good  repair 10  497 

waste  forbidden,  penalty  for 11  497 

penalty  for  using  water  without  paying 12  497 

penalty  for  turning  on 13  497 

fountains  and  sprinklers  not  to  be  operated  during  fire ...  14  498 

steam  boilers  not  to  be  supplied  from  pipes  direct   17  499 

watering  troughs,  waste  forbidden 18  499 

superintendent  to  have  free  access 19  499 

city  not  liable  for  stoppage  of  water 20  500 

posts  not  to  be  set  near  watermains 22  500 

water  from  ditch  not  to  be  used  where  mains  are  laid ....  22  500 

assessment  for  water 23  500 

notice  to  water  taker 24  501 

delinquent  water  taker 24  501 

water  rates 25  501 

water  rates  to  be  paid  in  advance 25  501 

meters ?. .  , 26  504 

water  not  to  be  supplied  to  motors 27  504 

sworn  statement,  assessor  and  collector  of  water  rates  may 

demand 28  504 

no  alteration  in  rates 29  505 

penalty  for  violating  ordinance 30  505 

must  connect  with  water  system 31  505 

health  commissioner  must  analyze  city  water  quarterly. .  36  506 

penalty  for  violating  ordinance 37  506 

Weighmasters  and  weighing 1  507 

duties  of  chief  weighmaster 1  507 

city  weighmasters 5  508 

city  weighmasters,  duties  of 6  508 


568  INDEX   TO   CITY   ORDINANCES. 

SEC.  PAGE. 

Weighmasters  and  weighing,  city  weighmasters,  must  keep  scales 

accurate 7  509 

fees  for  weighing 8  510 

penalty  for  exacting  illegal  fees 9  '510 

penalty  for  making  false  weight 10  510 

when  scales  may  be  located  in  street 11  510 

penalty  for  violating  ordinance. ...    12  510 

books  to  be  examined  by  city  auditor 13  510 

Weights  and  measures,  must  be  tested 3  367 

penalty  for  using  false 3  367 

Wells,  rules  concerning 32  505 

permit  must  be  obtained  to  construct 35  506 

penalty  for  violating  ordinance 37  506 

Wood,  what  constitutes  a  cord 4  508 

penalty  for  fraud  in  the  sale  of 4  508 


THIS  BOOK  IS  DUE  ON  THE  LAST  DATE 
STAMPED  BELOW 


AN  INITIAL  FINE  OF  25  CENTS 

WILL  BE  ASSESSED  FOR  FAILURE  TO  RETURN 
THIS  BOOK  ON  THE  DATE  DUE.  THE  PENALTY 
WILL  INCREASE  TO  SO  CENTS  ON  THE  FOURTH 
DAY  AND  TO  $1.OO  ON  THE  SEVENTH  DAY 
OVERDUE. 


6    1948 


LD  21-100m-7,'40 (6936s) 


YC  09778 


1963 
258249 


••"' 


